Ram Dulari vs Fateh Bahadur

R.K. Singh, J.—List revised. None appeared for the revisionist. Sri Pankaj Srivastava appears for the opposite party Fateh Bahadur.

Carefully perused the impugned judgment and order dated 2431988 passed by Ilnd Addl. Sessions Judge, Banda in Criminal Revision No. 161 of 1987. By the impugned judgment and order the learned Addl. Sessions Judge has allowed the revision petition and has set aside the order of maintenance passed by the Munsif Magistrate, Banda allowing maintenance to the wife and minor child at the rate of Rs. 200/ and Rs. 150/ respectively from the date of application dated 15687.

The impugned judgment and order speaks that the learned Sessions Judge has neither recorded a finding that the revisionistwife is living separate without sufficient cause nor has recorded a finding that she has sufficient means to maintain herself. The provided fact is that the lady is living separately from the husband and a case of adultery has been filed by the wife against the husband. In view of these facts the justification for the wife to live separately is apparent simply because the ladyrevisionist is said to be living somewhere else and not with her parents, has influenced the mind of the learned Additional Sessions Judge to hold that she is not living a chaste life.

This consideration of the learned Additional Sessions Judge is against the provisions of Section 125 Cr. P.C. The maintenance amount can be refused only if any of the three circumstances are held by the Court enumerated under Section 125 (4) of the Code of Criminal Procedure. None of the three circumstances have been discussed and held by the Court below.

In this view of the matter the order to refuse the maintenance amount passed by the learned Additional Sessions Judge in the impugned judgment and order is suffering from illegality and the revision petition has merit.

Accordingly the revision petition is allowed and the said order is set aside. The order of maintenance al lowed by the Munsif Magistrate, Banda in case No. 138/IX of 1987 vide order dated 26111987 is confirmed. The C.J.M. Banda will ensure the payment of arrears of maintenance amount within six months from the opposite party as well as the current maintenance amount in every month.