ABHEY RAM Vs. PANMESHWARI

JUDGEMENT

(1.) This is a Criminal Revision and has been directed against the order dated 13.8.1998 passed by the Court of Judicial Magistrate, 1st Class, Kaithal, who allowed the petition under Section 125, Criminal Procedure Code filed by Smt. Panmeshwari against her husband Abhey Ram. Vide impugned order dated 13.8.1998 the learned Magistrate has granted maintenance to Smt. Panmeshwari @ Rs. 400/- per month from the date of the filing of the application i.e. 10.5.1996. Aggrieved by the said order the present revision which I am disposing of in limine after hearing the learned Counsel for the petitioner.

(2.) Firstly, I am of the opinion that the petitioner ought to have filed the present revision in the Court of Sessions as the impugned order has been passed by Judicial Magistrate, 1st Class, Kaithal. This is in view of the judgment Sukhvinder Singh v. State of Haryana, 1998 (2) RCC 620, where the observations made by His. Lordships are as under:

(3.) The Counsel for the petitioner then submitted that from the statement of the lady itself it is clear that she at no cost wants to live with the petitioner as a result of which the element of neglect without sufficient cause has not been proved. The Counsel has also referred to the statement of Rajmal, the brother of the lady. This statement has also been considered and discussed by the learned Magistrate in the impugned order and the learned Magistrate in the impugned order held as follows :