Kamla Devi vs Shri Ram Lal Chauhan and the State

S.N. Mishra, J.—The Petitioner is the legally married wife of opposite party No. 1, Shri Ram Lal Chauhan, who has deserted his wife and married another woman. The Petitioner being aggrieved by the actions of the husband filed a petition u/s 125 of the Code of Criminal Procedure for grant of maintenance. The Petitioner, apart from examining herself in support of her case, also examined 3 witnesses. The trial Court, on consideration of the evidence on record allowed the petition and granted maintenance of Rs. 250/- per month to be sent by Money Order on her home address. As against the said order of the learned Magistrate, opp. party No. 1 filed a revision petition before the learned Sessions Judge, Katihar, who, by his judgment and order, dated the 19th June, 1992, reduced the amount of compensation granted by the trial Court from Rs. 250/- to Rs. 75/- per month. After hearing learned Counsel for the parties and after going through the evidence on record, I am of the view that the lower appellate Court has reduced the amount of compensation allowed by the trial Court from Rs. 250/- to Rs. 75/- per month without any basis whatsoever. Accordingly, I set aside the order passed by the learned District and Sessions Judge, Katihar, dated 19.6.92 and restore the order, dated 25.4.92 passed by the learned Judicial Magistrate. 1st class, Katihar. This revision application is, accordingly, allowed to the extent indicated above.