RAGHU BALA SHARMA Vs. CHANDRA PRAKASH SHARMA

JUDGEMENT

(1.) THIS is a miscellaneous petition under Section 125 Cr. P.C. against the judgment dated 18 -10 -1986, passed by the Additional Sessions Judge No. 2, Kota, where he confirmed the order passed by the Addl. Chief Judicial Magistrate No. 2, Kota dated 23rd August, 1986 rejecting the application of the non -applicant under Section 125 Cr. P.C.

(2.) MR . Bhargava learned Counsel for the petitioner and Mr. Gupta for the non -petitioner prayed that instead of deciding the case for grant of interim maintenance the application for reviewing the entire case may be decided as the points raised are very short.

(3.) THE learned Judge has given new dimension to the phraseology used in Section 125 Cr. P.C. by holding that the expression 'means' does not signify only visible means such us real property or definite employment. According to him if a man is healthy and able -bodied he must be held to be possessed of means to support his wife and child etc. Relying upon the earlier judgments of AIR 1925 Mad. 757 and 1968 Cr. LJ 1153 (Delhi). Out it was held that even if the husband may be insolvent or a professional beggar or a minor or a monk, but he must support his wife so long as he is able bodied and can make out his livelihood.