MOHAN LAL Vs. SMT. PUSHPA

JUDGEMENT

(1.) This is an application under section 482, Cr. P. C. filed by Mohan Lal for setting aside the order of the Sessions Judge, Balotra, dated Oct. 22, 1977, in Criminal Revision No. 4 of 1977, confirming the order of the Munsif Magistrate, Barmer, dated Dec. 15, 1976, granting maintenance to Smt. Pushpa at the rate of Rs. 250.00 p. m. from the date of her application i. e., Sept. 30, 1974.

(2.) The relevant facts giving rise to this application may be briefly stated as follows:-

(3.) The learned Magistrate recorded the evidence of the parties and after hearing arguments came to the conclusion that Smt. Pushpa was the lawfully wedded wife of the petitioner and that the petitioner neglected to maintain her and contracted second marriage with another woman during Smt. Pushpas life-time. He, accordingly, awarded maintenance to Smt. Pusha at the rate of Rs. 250.00 since the date of her application. Aggrieved by the order of maintenance, the petitioner filed a revision petition in the court of the Sessions Judge, Balotra, but the revision-petition was dismissed and the order of maintenance passed by the learned Munsif and Judicial Magistrate, Barmer was upheld. Hence, Mohan Lal, petitioner, has moved this court in exercise of its inherent jurisdiction for setting aside the orders of the courts below.