BHAGYA NARAIN SINGH Vs. MAYA DEVI

JUDGEMENT

(1.) These two criminal revisions arising out of the judgment and the order dated 28-7-87 passed by Sri Prem Dutt Prasad, Judicial Magistrate 1st Class, Sikahana at Motihari in Cr. Misc. No. 6 of 1980 (Trial No. 1768 of 1987) whereby, a sum of Rs. 100/- per month has been granted by way of maintenance to Maya Devi the petitioner of Cr. Rev No. 806 of 1987, wife of the petitioner of Cr. Rev. No. 694 of 1987, Bhagya Narain Singh have been heard together and are being disposed of by this judgment.

(2.) This is a dispute between a husband and wife. In Cr. Rev. No. 806 of 1987 the wife-petitioner has prayed for enhancement of the maintenance allowance and in other Cr. Rev. No. 694 of 1987 the husband has challenged the competency of the Magistrate to pass an order of maintenance.

(3.) The background of the case, in short, is that earlier Maya Devi had filed a civil suit for grant of maintenance on the ground that she was being neglected by her husband after taking a second wife against her consent and a decree was passed in her favour granting maintenance in the manner that she would receive six maunds of rice, four maunds of wheat, two maunds of pulse, one maund of gram, one maund of msutard, half maund of maize and also Rs. 100/ in cash. It appears that in execution of the decree, about 14 bighas of land of her husband was auctioned sold and the same was purchased and mutated in her name.