KANCHAN DEVI Vs. KULDIP SINGH

JUDGEMENT

(1.) THIS revision has been directed against the judgment dated 24.02.2005 passed by learned Presiding Officer (Additional Sessions Judge), Fast Track Court, Kangra at Dharamshala in Criminal Revision No. 1 -N/X/04/02 reversing order dated 07.01.2002 passed by learned Additional Chief Judicial Magistrate, Nurpur, in Criminal M.A. No. 7 -IV/99

(2.) THE facts, in brief, are that Petitioner had filed a petition under Section 125 Code of Criminal Procedure against Respondent for granting maintenance. It was alleged that Petitioner is a legally wedded wife of Respondent and their marriage took place on 22.11.1983 as per Hindu rites, two sons were born from the wedlock. The Respondent has failed to maintain the Petitioner and Petitioner has prayed maintenance at the rate of Rs. 500/ -per month.

(3.) THE trial Court on 07.01.2002 allowed maintenance at the rate of Rs. 400/ -from the date of order, as interim maintenance was already allowed to the Petitioner. The Respondent filed revision which was allowed on 24.02.2005 and the order dated 07.01.2002 was set -aside. In revision, the revisional Court recorded a finding that Petitioner has been living in adultery and set -aside the order dated 07.01.2002, hence revision by the Petitioner.