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Hari Mohan Dubey vs State of U.P.

Allahabad High Court · Decided on 28 March 1992 · Citation: (1992) 03 AHC CK 0039

HON’BLE JUDGES
B.P.Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 125
RESULT
Allowed
CASE NUMBER
Criminal Revision No. 250 of 1985
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Judgment

8 paragraphs · 376 words

B. P. Singh, J.—Heard this application in Revision is directed against the order dated 8185 passed by the Judicial Magistrate, Munsif Purvi Ballia in Criminal Case No. 16/82.

2.

Smt. Tulsi had moved an application under Section 125, Cr. P. C. against Hari Mohan Dubey for maintenance. The application was allowed exparte on 2282 by the learned Magistrate. Thereafter the husband applied for setting aside the exparte order and the case was restored on his application. On 19883 the husband applied for transfer of case and further proceedings in the case were stayed by this court. The stay order was however, vacated on 3584 and the transfer application was rejected.

3.

The applicant contends that he had no knowledge of the order dated 3584. Behind the back of the husband proceedings under Section 125, Cr. P. C. proceeded. When the applicant came to know about these proceedings, he again applied in the court of the learned Magistrate for adjournment and for time to contest the case on merit. This application was rejected on 3185 and on 8185 the exparte order against the husband was passed through which the wife was awarded a maintenance allowance of Rs. 300 per month.

4.

The case admittedly was decided exparte against the husband and he could not contest the claim of his wife for one reason or the other. I am informed that the wife in getting Rs. 250 per month by way of maintenance from the husband.

5.

In my opinion the husband should be given an apportunity to contest the case of the wife on merit.

6.

The application in revision is allowed. The order dated 4185 passed by the Judicial Magistrate Munsif Purvi Ballia is set aside with the condition that the husband shall continue to deposit Rs. 150 per month by way of maintenance till the case is finally disposed of by the Magistrate. It is further directed that the learned Magistrate shall decide the case within four months of the date on which a certified copy of this order is produced before him by any one of the parties.

7.

Let a copy of the order be given of the learned counsel for the parties on payment of usual charges within a week.

Revision allowed.