SHANTI DEVI Vs. MATHURA LAL

JUDGEMENT

(1.) HEARD , Perused the record of the lower Courts.

(2.) THIS revision petition has been filed against the order dated 4.12.93 passed by the learned Additional Sessions Judge, Tonk in Criminal Revision Petition No. 11/93, whereby, while rejecting the husband non -petitioner's revision petition against the order dated 3.11.91 of the learned Munsif and Judicial Magistrate, Tonk, whereby under Section 125, Cr.P.C., he granted maintenance to the petitioner at the rate of Rs. 400/ - per month w.e.f. 9.1.89, was affirmed, but the lower Court's order was modified to the extent that the amount of maintenance granted in favour of the petitioner under Section 24 of the Hindu Marriage Act shall be adjusted in the maintenance granted by him. It has been strenuonsly canvassed on behalf of the petitioner that the learned Additional Sessions Judge while exercising the power of revision was only empowered to look into the legality, correctness and propriety of the learned Magistrate's order and that he had no jurisdiction to modify the lower Court's order especially when the revision petition was dismissed.

(3.) SHRI Pawan Sharma submits that the District Judge vide judgment dated 31.5.94 has granted the divorce dissolving the marriage of the parties and thus the order passed under Section 24 of the Hindu Marriage Act has also come to an end. In such circumstances, petitioner shall be entitled to get Rs. 400/ - per month as maintenance from the non -petitioner under Section 125 Cr.P.C. w.e.f. 1.6.94.