LADHU RAM Vs. RUKMA DEVI

JUDGEMENT

(1.) THIS is a revision petition against the order of the learned Judicial Magistrate, Shri Ganganagar dated 20th February, 1975, whereby he awarded maintenance allowance of Rs. 250/- per month to the non-petitioner Smt. Rukma Devi.

(2.) THE facts of the case, in brief, relevant for the disposal of this revision petition, are that the applicant was married to Smt. Rukma Devi about 40 years back. Out of this wedlock, two daughters were born to Smt. Rukma Devi. But, as no son was born, the applicant married a second wife Smt. Dakha. Smt Rukma Devi continued to live with the applicant even after his marriage with Smt. Dakha for some time and, then she left living with the petitioner, and started living with her parents. Smt. Rukma Devi then moved an application under Section 488, Cr. P. C. (old) on 16-5-1959, which was allowed and a maintenance allowance of Rs. 200/- per month was fixed. Later on, the petitioner obtained a decree of divorce against Smt. Rukma Devi on 4. 12. 1971. He then applied for cancellation of the order of maintenance on the ground of divorce. THE order regarding the maintenance allowance was, therefore, cancelled on 19-2-1973. After coming into force of the New Criminal Procedure Code, Rukma Devi moved an application under Section 125, Cr. P. C. on 25-6-1974. This application was allowed on 20-2-1975, and a maintenance of Rs. 250/- per month was ordered to be paid by the petitioner to Smt. Rukma Devi. It is against this order that the present revision petition has been filed.