JUDGEMENT
P.N.BAKSHI,J. -
(1.) THE Division Bench to which the case was referred as agreed with my opinion that a wife, who has applied for
maintenance under Section 125 Cr. P.C. is not disentitled to maintenance,
if she bas not remarried on account of the fact that the husband had
obtained a decree for divorce or judicial separation on the ground of
desertion.
(2.) IN view of this decision, there is no merit in this revision which is hereby dismissed. The trial court had awarded a maintenance
allowance of Rs. 100/ - per month to Shrimati Prakashwati, let the record
of this case be despatched to the court below within one week from today
so that the recovery of the arrears of maintenance allowance due may be
proceed with in accordance with law.
Revision dismissed.;
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