DINESH KUMARI Vs. UMESH SHARMA

JUDGEMENT

(1.) IN petition No. 19/4 of 2002, the learned trial Court, allowed the petition for maintenance, preferred by the petitioners under Section 125 of the Code of Criminal Procedure vide a detailed order passed on 28.6.2004, whereby, the respondent -husband was ordered to pay the maintenance allowance @ 500/ - per month to each of the petitioners herein, from the date of petition i.e. 28.9.2002. This order was challenged by the respondent -husband by filing a revision petition before the learned Sessions Judge which was allowed vide order dated 14.12.2004, and the order was set aside by reversing the order of maintenance on the ground that petitioner No. 1 Dinesh Kumari was living in adultery with Ram Nath, their tenant and on that count alone, respondent -husband was of the hook and she had not come with true genesis of the story regarding the neglect and refusal to maintain her children also. Thus, the order was set aside.

(2.) FEELING aggrieved and dissatisfied by the impugned order passed by the learned Sessions Judge, present petition has been filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure with a prayer that the order passed by the learned Sessions Judge be set aside and the order of the learned Chief Judicial Magistrate be restored.

(3.) I have heard learned Counsel for the parties and have carefully gone through the record of the case.