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1992 DIGILAW 755 (MP)

Lakhansi v. Shankariya

1992-11-18

D.K.JAIN

body1992
JUDGMENT Applicant Lakhansi has preferred this revision petition against the order dated 5.10.1985, passed by the Judicial Magistrate First Class, Amarwara (District Chhindwara), in Miscellaneous Criminal Case No.5 of 1984, whereby maintenance allowance of Rs. 75/- per month was granted to the present non-applicant Mst. Shankariya. On behalf of the applicant, it has mainly been submitted that the trial Court has failed to see that the present non-applicant Mst. Shankariya has no reason to live separately from the present applicant and that, in the proceedings under section 125 of Cr.P.C., it has not been established from the evidence on record that the present non-applicant Mst. Shankariya was unable to maintain herself. It was also submitted on behalf of the applicant Lakhansi that the allegation of adultery against Mst. Shankariya had been fully proved and, so also, Mst. Shankariya was not entitled to receive any maintenance allowance. On the aforesaid grounds, the impugned order dated 5.10.1985, passed by the Judicial Magistrate First Class Amarwara (District Chhindwara), in Miscellaneous Criminal Case No.5 of 1984, was sought to be set aside. No one has appeared on behalf of the non-applicant Mst. Shankariya. After perusal of the evidence on record, it cannot be said that the trial Court has committed any error in holding that the allegations regarding adultery, alleged on behalf of the present applicant Lakhansi, have not been proved. However, from a perusal of the evidence on record, it is clear that there was no evidence adduced on behalf of the present non-applicant Mst. Shankariya, who was applicant in the proceedings under section 125 of Cr.P.C. before the Judicial Magistrate First Class, Amarwara, that she was unable to maintain herself and which was one of the ingredients which had to be proved by the applicant in these proceedings. Further, the counsel for the present applicant Lakhansi has placed reliance on 1984 JLJ 152 (Bilquis Bai Versus Sher Khan). On this ground alone that Mst. Shankariya failed to prove that she was unable to maintain herself, the revision petition is allowed and that order granting maintenance to the present non-applicant Mst. Shankariya, i.e. Rs. 75/-permonth, passed by the Judicial Magistrate First Class, Amarwara, in Miscellaneous Criminal Case No.5 of 1984, is set aside. This revision petition shall stand disposed of accordingly.