TAHIR ALI Vs. MAHAMUDI BEGUM @ NOORJAHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner at admission stage.

(2.) This revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the judgment and order dated 24.01.2013 passed by Special Judge, SC/ST Cases, Tonk(hereinafter referred to as 'the Lower Revisional Court') in Criminal Revision No. 82/2011, whereby the revision petition filed by the respondent-wife has been allowed and order dated 19.10.2011 passed by Judicial Magistrate, First Class, Tonk(hereinafter referred to as 'the Trial Court') in Criminal Misc. Case No. 227/2005 rejecting the application under Section 125 Cr.P.C. filed by the respondent-wife has been set aside and the matter was remanded back to the Trial Court with direction to determine the amount of maintenance allowance on the basis of evidence available on record.

(3.) Briefly stated the facts of the case are that an application was filed by the respondent-wife under Section 125 Cr.P.C. for grant of maintenance against the petitioner-husband wherein it was averred that the marriage of the respondent and the petitioner took place on 23.10.1998 and after some time, the petitioner gone to Deedwana on his duty and behind his back the parents and sister of the petitioner started harassing her and demanded Rs. 50,000/-. Subsequently, the respondent was thrown out from the in-laws house. It was alleged that the salary of the petitioner is Rs. 7000/- per month and prayed that Rs. 3000/- be awarded to the respondent as maintenance.