DALPAT SINGH Vs. BHAMU KUNWAR

JUDGEMENT

(1.) The petitioner-husband is aggrieved by the order dated 13.10.2008, passed by the Judicial Magistrate, Aspur, whereby the learned Magistrate has directed the payment of interim maintenance of Rs.1,000/- per month to the respondent-wife from the date of filing of the application i.e. 06.08.2007.

(2.) Mr. Shambhoo Singh, the learned counsel for the petitioner, has vehemently contended that since the respondent-wife has left the petitioner-husband of her own volition, she is not entitled to a maintenance. Thus, the benefit of Section 125(4) Cr.P.C. should be given to the petitioner-husband. Secondly, the petitioner-husband is not having sufficient amount of income. Therefore, he finds it extremely difficult to pay a maintenance of Rs.1,000/- per month to the respondent-wife. Thirdly, without assigning any reason, the learned Magistrate has directed that the interim maintenance should be paid from the date of filing of the application. However, the said maintenance should be directed to be paid from the date of the order. Heard the learned counsel for the petitioner and perused the impugned order.

(3.) The issue whether the respondent-wife had left the petitioner-husband of her own volition, is an issue that needs to be decided by the learned trial court. It is an issue which cannot be decided by this Court in its revisional jurisdiction. Therefore, the first contention that the benefit of Section 125(4) Cr.P.C. should be granted to the petitioner-husband is unaccepted.