High CourtsSingle Bench(1994) 05 MP CK 0023

Sunder Lal vs Kamlabai

Madhya Pradesh High Court · Decided on 5 May 1994 · Citation: (1995) 2 DMC 667

HON’BLE JUDGES
M.V. Tamasker, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 39 of 1989

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Judgment

6 paragraphs · 207 words

M.S. Tamaskar, J.—Being aggrieved by the order dated 24.12.1988 passed by Mr. S.K. Chawla, Sessions Judge, Betual, reversing the order passed by the Judicial Magistrate, First Class, Betual in Misc. Judicial Case No. 35/87 on 14.1.1988, the applicant begs to prefer this revision-petition on the following facts and grounds amongst others. .

2.

Heard Mr. Fakhruddin, Counsel for the applicant and Mr. S.L. Kochar, Counsel for the non-applicant.

3.

This is a revision against the grant of maintenance u/s 125, Cr.P.C., by the Revisional Court.

4.

The Trial Court rejected the application for maintenance on the finding that there was no cruelty. However, the learned Revisional Court considering the statements of P.W. 2, P.W. 3 and P.W. 4 hold that the non-applicant was entitled for grant of maintenance of Rs. 200/- per month.

5.

The non-applicant has not filed by revision for enhancement of the maintenance.

6.

The learned Counsel for the applicant submitted that the Revisional Court has failed to take into consideration the evidence on record and committed error in awarding maintenance. On the other hand I find that the learned Revisional Court has given cogent reason for granting maintenance. I do not find any ground to interfere with this order passed by Court below.