MD. LUKMAN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed Under Section 482 of the Code of Criminal Procedure, (hereinafter referred to as 'the Code') for quashing the order dated 14.2.2002 whereby the learned 3rd Additional Sessions Judge, Deoghar allowed Criminal Rev ision No. 35 -A of 1998, setting aside the order dated 25.3.1998 passed by Sri J.P.N. Pandey, Judicial Magistrate, 1st Class, Madhupur at Deoghar in Criminal Case No. 60 of 1006/T.R. No. 675 of 1998.

(2.) THE learned Counsel appearing on behalf of the petitioner submitted that the petitioner is ready to keep the wife/opposite party No. 2 with all dignity and he has never raised question as to the unchastity of opposite party No. 2. It is further submitted that the learned Court below committed error in allowing the revision application but the learned Trial Court rightly passed the order dismissing the clalm of the petitioner when he is ready to keep his wife gracefully but the opposite party No. 2/wife does not want to reside with him.

(3.) FROM going through the order impugned and also from perusal of the lower Court records, it appears that the Revisional Court has rightly passed the order after discussing the entire matter in detail and admittedly the opposite party No. 2 is the legally married wife and, therefore, the petitioner is rightly to be held for giving maintenance amounting to Rs. 500/ - per month to opposite party No. 2.