OM PRAKASH SAH Vs. LILA DEVI AND ORS

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and Respondent No. 1.

(2.) This application arises out of a proceeding under Sec. 125, Code of Criminal Procedure. The Respondent-wife filed application for maintenance for self as well as a daughter alleging that the conduct of the husband had forced her to leave the marital home and live the rest of the life with her father. It was also alleged that the husband had contracted a second marriage.

(3.) The Magistrate took evidence. He did not accept the plea of second marriage. However, by order dated 24.9.91 he directed the husband to pay maintenance to his wife @250.00 per month for self and Rs. 150.00 per month for daughter Sobha Kumari until she attains majority, payable from the date of the filing of the application. The husband preferred revision. The 3rd Additional Sessions Judge, Siwan refused to interfere with the order. The Petitioner, accordingly, has come to this Court under Art. 227 of the Constitution.