BINOD KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code ') by the husband is directed against the order dated 21.1.1998 passed by the Sub Divisional Judicial Magistrate, Aurangabad in Misc. Case No. 13/96. Tr. No. 263/98 a proceeding under Section 125 of the Code; by which the learned Magistrate awarded interim maintenance to the wife (O.P. No. 2) at the rate of Rs. 300/ - per month during the pendency of the case with effect from the date of the order.

(2.) IT appears that opposite party No. 2, Smt. Shakuntala Devi, filed this case under Section 125 of the Code against her husband, the present Petitioner. In this proceeding on 24.2.1997 opposite party No. 2 had filed a petition for interim maintenance during the pendency of her application. Both parties were heard and by the impugned order the learned court below directed the present Petitioner to pay interim maintenance to the wife (opposite party No. 2) at the rate of Rs. 300/ - per month pending final disposal of this application. It is against this order that the present revision application has been filed.

(3.) THE only point for decision before me whether this application is fit to be allowed or not.