SHYAM SINGH Vs. SMT. BHAGWAN DEVI & ORS.

JUDGEMENT

(1.) This revision petition is directed against the order dated Sept. 5, 1990, passed by the Special Judge (Dacoity Affected Area). Bharatpur, by which the learned Special Judge allowed the revision petition filed by Smt. Bhagwan Devi and, Santosh Kumar in part & awarded the interim maintenance amounting to Rs. 300.00 per month to Mst. Bhagwan Devi and Rs. 150.00 per month to Santosh Kumar. He, however, rejected the revision filed by Shyam Singh.

(2.) Smt. Bhagwan Devi filed an application under Sec. 125 Cr P.C. for the grant of the maintenance to herself as well as to her son Santosh Kumar in the Court of the learned Additional Munsif and Judicial Magistrate No. 1, Bharatpur. This application was opposed by Shyam Singh. The learned Additional Munsif and Judicial Magistrate, by his judgment dated April 20, 1984, awarded the maintenance of Rs. 200.00 per month to Smt. Bhagwan Devi and Rs. 100.00 per month to Santosh Kumar. Dissatisfied with the order dated April 20, 1984, awarding the maintenance to Smt. Bhagwan Devi and Santosh Kumar, Shyam Singh filed a revision petition before the learned District and Sessions Judge, Bharatpur. Bhagwan Devi and Santosh Kumar, also, filed a revision petition against the order of the Additional Munsif and Judicial Magistrate on the ground of insufficiency of the amount of the maintenance. Both the revision petitions were decided by the Special Judge (Dacoity Affected Area), Bharatpur. The learned Special Judge allowed the revision petition filed on behalf of Smt. Bhagwan Devi and another, but rejected the revision petition filed on behalf of Shyam Singh by his judgment dated Sept. 5, 1990. It is against this judgment that the present miscellaneous petition under Sec. 482 Crimial P.C. has been filed.

(3.) Heard learned counsel for the parties, and perused the judgment passed by the Court below.