MIRA MISHRA Vs. RAMESH KUMAR MISHRA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) Nobody appears on behalf of opposite party in spite of appearance in this proceeding by filing Vakalatnama.

(3.) Petitioner no.1 claiming herself to be the wife of opposite party, lodged a proceeding in the court below seeking maintenance which gave rise to Maintenance Case No.105/1990(Tr. No.364/1994). The said proceeding was contested threadbare by the opposite party. It was contended on behalf of the opposite party that a decree of divorce has already been passed by a competent court at Bhopal( Exts. A and B) on the ground that the lady (petitioner no.1) was not sincere/faithful to the husband. On a consideration of entire materials, learned Magistrate by an order dated 22.02.1994, allowed the application directing the opposite party to pay L 500/- per month for the maintenance of petitioner no.1 and L 500/- per month for maintenance of his daughter(petitioner no.2). Since the maintenance amount was not being paid, petitioner no.1 instituted another proceeding seeking enforcement of the order wherein an order attaching the salary of opposite party was passed. Opposite party aggrieved by aforesaid order, preferred two revisional applications being Cr. Rev. Nos. 94/94 and 58/98. Let it be recorded that Cr. Rev. No.94/94 was directed against grant of maintenance in favour of estranged wife and daughter, whereas Cr. Rev. No.58/98 was directed against the order passed on the application preferred by petitioner no. 1 for enforcement of the order. Learned revisional court by order impugned allowed the revision application and set aside the order granting maintenance in favour of the petitioners. While doing so, learned revisional court called for records of Cr. Rev. No.58/98 and held that re- marriage of petitioner no.1 after being divorced is admitted.