HARIKISHAN Vs. SHANTIDEVI

JUDGEMENT

(1.) This is an application u/s. 482, Cr. P.C. against the order of the Sessions Judge dated 31st July, 1981 passed in criminal revision No. 134/80 whereby the learned Sessions Judge dismissed the applicant's revision petition in proceedings relating to maintenance.

(2.) The facts may briefly be stated as under leading to the present application :-

(3.) The respondent Smt. Shantidevi submitted an application u/s. 125, Cr. P.C. for maintenance for herself and for her minor daughter Ashakumari. The present applicant did not appear in that application despite service of notice and final ex parte order was passed on 19-6-79 granting maintenance to Shanti Devi and Asha Kumari. Thereafter an application was submitted on 30th November, 1979 by the applicant for cancellation of the order dated 19-6-79 mentioning it to be u/s. 125, Sub-Secs. (4) and (5), Cr. P.C. It was stated in that application that the applicant had filed proceedings for judicial separation and a decree for judicial separation was passed on 13-4-72. It was found in that petition that the parties after marriage never cohabited and the child Asha Kumari is not the child from the applicant. Thereafter a petition for divorce was also submitted by the applicant and a decree of divorce has also been passed by the Court of Civil Judge, Senior Division, Akvla on 2nd April, 1979 in Hindu Marriage Case No. 96/1978. Reply to the application u/s. 125(4) and 125(5), Cr. P.C. was submitted by the respondent. The learned Magistrate after hearing the arguments dismissed the application on 15-7-80 dissatisfied with that order, criminal revision petition was filed before the Sessions Judge who by his impugned order dismissed that petition. Hence this application u/s. 482, Cr. P.C.