ARVIND KUMAR TRIPATHI,J. - (1.) THIS writ petition has been filed by Virendra Prasad Srivastava challenging the order dated 6.6.207 passed by the learned Additional Chief Judicial Magistrate, Gonda by which he has allowed the application of Smt. Radha Rani, adn directed the petitioner to pay Rs.1000/ per month as maintenance.
(2.) HEARD Shri Shivam Sharma, learned counsel for the petitioner, and Shri Manoj Kumar Misra, learned counsel for respondent no.1. It is admitted case of Smt. Radha Rani that her father died in 1990, and her mother died in 1998, and she has inherited the entire agricultural land of about 18 bighas, Thus, the questions involved are that whether on this ground she is not entitled for maintenance from her husband, and if yes, from which date.
(3.) ADMITTEDLY , the relationship between Virendra Prasad Srivastava and Smt. Radha Rani is of husband and wife. It has also been alleged in the application under Section 125 Cr.P.C. that about ten year earlier, the husband left his wife Smt. Radha Rani in her paternal house, and after that he contracted a second marriage with Mangeshlata Srivastava, daughter of Shri Jugal Kishore.;