KU. HEMLATA AND OTHERS Vs. RAM NIHORE

JUDGEMENT

(1.) Applicants Ku. Hemlata, Ku. Pushpalata and Ku. Roopa, daughters of non-applicant Ram Nihore, brought an action against the non-applicant herein Ram Nihore, their father, under Sec. 125 Code Criminal Procedure claiming maintenance. The trial Court by its order dated 21-1-1986 awarded the interim maintenance at the rate of Rs. 200.00 per month.

(2.) Non-applicant father being aggrieved by the order passed by the Magistrate First Class directing him to pay Rs. 200.00 per month as interim maintenance, preferred a revision. The revisional Court, while setting aside the order of interim maintenance, remanded the case to the Magistrate First Class for deciding it on merits by order dated 7-5-1986. Hence, the present revision has been filed by applicants.

(3.) The learned counsel appearing for the applicants contended that the learned Magistrate after having heard the respective parties passed the order of interim maintenance and therefore, the revisional Court committee an error of law in exceeding its revisional jurisdiction. Therefore, the order impugned to the extent of setting aside the interim order is liable to be quashed by this Court.