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1997 DIGILAW 342 (RAJ)

Reshma Ram v. Devi Bai W/o. Reshma Ram

1997-03-10

B.R.ARORA

body1997
JUDGMENT 1. -This miscellaneous petition is directed against the order dated 24.1.1997 passed by the Additional Sessions Judge, Raisinghnagar, by which the learned Additional Sessions Judge dismissed the revision petition filed by the petitioner and maintained the order dated 4.7.1994 passed by the Civil Judge (Senior Division) cum Additional Chief Judicial Magistrate, Raisinghnagar, by which he allowed the application under section 125 Criminal procedure Code filed by Smt. Devi Bai (the wife) and ordered for payment of maintenance of Rs. 100/- per month to her and Rs. 100 /- per month to her minor daughter Kumari Kishni. 2. As per Section 397(3) Criminal Procedure Code, the second revision petition is not maintainable. Merely by changing the nomenclature, though the relief claimed in the miscellaneous petition is the same as could have been claimed in the revision petition, the miscellaneous petition cannot be entertained unless the conditions laid down in Section 482 Criminal Procedure Code are satisfied. 3. I have gone through the orders passed by the Revisional Court as well as by the trial Court. Thee is neither any illegality nor any incorrectness nor impropriety in the orders passed by the Courts below. Neither there is an abuse of the process of the Court nor the order is required to be set-aside to secure the ends of justice. The provisions of Section 125 Criminal procedure Code have a social purpose behind it. The object of these provisions is to compel a man to perform his moral obligations which he owes to the society in respect of his wife and the children. The provisions intend to protect the neglected wife and children against starvation and to tide-over the immediate difficulties. No case for interference is made out. 4. The miscellaneous petition filed by the petitioner is, therefore, dismissed.Petition dismissed. *******