GEETA Vs. BADRI LAL JAT

JUDGEMENT

(1.) In this case on an application by wife under Sec. 125 of the Criminal Procedure Code, an order was made by the learned Magistrate directing payment of maintenance of Rs. 200/- per month. This order was set aside by the learned Addl. Sessions Judge No. 2, Chittorgarh in revision on coming to the conclusion that the marriage of the applicant wife with the non-applicant husband is not proved. In so doing, the learned Judge has appreciated the evidence on record and has allowed the revision application. However, it was submitted before this Court on behalf of the wife that serious procedural error is committed by the learned AddL Sessions Judge in not taking into consideration the submissions made on behalf of the husband in which it is clearly admitted that marriage was finalised between the parties.

(2.) This aspect seriously is not taken into consideration by the learned Addl. Sessions Judge and for that reason, the order impugned is vitiated. It is, however, clear from the very submissions of the husband that the husband is willing to maintain the wife. In such circumstances, ends of justice would be met if the order of the learned Addl. Sessions Judge by which he set aside the order of the learned Magistrate awarding maintenance, is set aside and the Magistrate is requested to consider the case under Sec. 125 Cr. P.C. de novo after taking into consideration the plea of the husband that he is willing to maintain the wife.