KAILASHO DEVI Vs. ASHOK SINGH

JUDGEMENT

(1.) Petitioner had filed an application under Section 488 Cr.P.C. for grant of maintenance, which has been allowed by the Court of learned Chief Judicial Magistrate, Udhampur, vide its judgment dated 21.08.2006, aggrieved whereof, the respondent filed a revision before the Court of learned Sessions Judge, Udhampur, which has been allowed vide detailed order dated 15.10.2007, wherein it has been concluded that the respondent therein (petitioner herein) being the second wife of Ashok Singh, so is not entitled to the grant of maintenance as awarded by the Court i.e. learned CJM Udhampur, aggrieved whereof, the instant revision petition has been filed in this Court.

(2.) Learned senior counsel for the respondent rightly questioned the maintainability of the revision petition. Under Section 435 Cr.P.C., both High Court as well as Court of Sessions Judge have concurrent power of revision. Section 435 sub-section (3) provides that if an application under Section 435 Cr.P.C., has been made by any person to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by either of them.

(3.) Learned senior counsel for the respondent, in support of her contention, placed reliance on the judgment rendered by this Court in the case of Vijay Kumar v. Kaki reported in 2009 (1) JKJ 250 (HC) (Division Bench). Paragraphs 9 and 10 of the said judgment are advantageous to be quoted:-