BHANWAR LAL Vs. REKHA

JUDGEMENT

(1.) HEARD the learned counsels for the parties.

(2.) THIS revision petition is directed against the order dated 5th May, 1995 passed by the learned Judge. Family Court, Udaipur in Miscellaneous Case No. 65/95 Bhanwarlal v. Smt. Rekha. By the aforesaid order the learned Judge, Family Court rejected the application dated 6th January, 1995 filed by the petitioner Bhanwarlal under Section 127 of the Criminal Procedure Code.

(3.) THE petitioner Bhanwarlal is the husband of non-petitioner Smt. Rekha. The non-petitioner Smt. Rekha is mentally infirm. The application filed by the non-petitioner under Section 125 of the Criminal Procedure Code for grant of maintenance allowance was allowed by the learned Judge. Family Court, Udaipur vide order dated 7th July, 1993. He granted maintenance allowance to the tune of Rs. 500/- per month to the non-petitioner and an additional maintenance allowance of Rs. 300/- per month to her daughter Rani. The petitioner challenged the order dated 7th July, 1993 by moving an application under Section 126(2) of the Criminal Procedure Code on the ground that the order dated 7th July, 1993 was passed ex parte. The Family Court, Udaipur, dismissed the application filed under Section 126(2) of the Criminal Procedure Code vide order dated 2nd February, 1994.