CHINTO ALIAS HARBANS KAUR Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS petition filed under Sections 397/401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), is directed against the order dated 23. 7. 1986 passed by the Additional Sessions Judge, Sangrur, whereby the order dated 6. 12. 1985 passed by the Judicial Magistrate, Sunam, granting maintenance at the rate of Rs. 125.00 per month to the petitioner, under Section 125 of the Code, has been set aside and the application filed by the petitioner dismissed.

(2.) THE facts necessary for the disposal of this petition are that the petitioner was married to the respondent in the year 1979. They lived together and cohabited as such for a period of about 3 years. There is no issue out of this wedlock.

(3.) THE respondent, feeling aggrieved, filed a revision petition against the order of the judicial Magistrate before the Sessions Court, Sangrur. In the meanwhile a decree of divorce was granted by the Civil Court on 15. 3. 1986 on the ground of desertion in favour of the respondent and against the petitioner. Placing reliance on the findings given by the Civil Court while granting a decree of divorce, the Additional Sessions Judge, by the impugned order accepted the revision petition filed by the respondent set aside the order dated 6. 12. 1985 passed by the Judicial Magistrate, Sunam and dismissed the application filed by the petitioner under Section 125 of the Code. Feeling aggrieved, Mst. Chinto alias Harbans Kaur, the petitioner has approached this Court under Sections 397/401 of the Code.