DAYA SINGH Vs. SMT. BISHAN KAUR AND ORS.

JUDGEMENT

(1.) THE learned Counsel for the petitioner has assailed the order dated 28.5.1997 of the Judicial Magistrate, First Class, Jagadhri.

(2.) THE above order was passed by the learned Magistrate under Section 125(3) of the Code of Criminal Procedure only in order to execute the order already passed on 14.5.1993 allowing maintenance to the respondent -wife under Section 125, Criminal Procedure Code.

(3.) ACCORDING to the learned Counsel, the petitioner had filed this affidavit before the Judicial Magistrate, First Class in which an offer was made to maintain his wife but the learned Magistrate did not take into consideration this offer of the petitioner -husband. He, thus, contends that the order of the Magistrate is liable to be quashed as it has violated the Second Proviso of Section 125(3) of the Code of Criminal Procedure.