Ashok Srivastava, J. - (1.) The revisionist had filed a petition under Sec. 125 Code of Criminal Procedure against opposite party No. 2 which was heard and disposed of by the learned Addl. Chief Judicial Magistrate, Court No. 12, Jaunpur on 6.2.2006. The relevant case number is 1076 of 2004. Opposite party No. 2 feeling aggrieved by the said judgment and order had filed a revision before the learned Sessions Judge, Jaunpur, which was transferred to the Court of Addl. Sessions Judge, Court No. 4, Jaunpur and was disposed of by the said Court on 8.3.2007. The relevant Criminal Revision number is 186 of 2006. The learned lower revisional Court had set aside the judgment and order passed by the learned Magistrate and remanded back for fresh consideration.
(2.) I have heard learned Counsel for the parties and perused the records.
(3.) From the perusal of the judgment of the learned lower revisional court it is evident that in the last 10 lines, just above the operative portion of the judgment, the learned lower revisional Court has held that the revisionist has failed to establish that opposite party No. 2 had neglected her and failed to maintain her. It has been further held by the learned Additional Sessions Judge that the revisionist was living separately from her husband without any sufficient reason and opposite party No. 2 has not refused to maintain the revisionist. On this basis the learned lower revisional court had remanded back the matter for fresh consideration to the learned Magistrate.;