G.P.Srivastava, J. - (1.) This revision is directed against the judgment and order dated 10.5.05 passed by Special Judge (SC/St Act), Kannauj in criminal revision No. 137/14/04 Smt. Khurshida Bano v. Mohd. Sameem whereby the learned Special Judge (SC/ST Act), Kannauj has allowed the application under Section 125 Cr.P.C. and directed the revisionist to pay maintenance to opposite party No. 2 at the rate of Rs. 800/- per month from the date of application dated 16.3.2001.
(2.) The brief facts giving rise to this revision is that the opposite party No. 2 has moved an application under Section 125 Cr.P.C. against the revisionist for maintenance at the rate of Rs. 800/- per month to her and to her children. It was alleged by the applicant that she is legally wedded wife of present revisionist Mohd. Sameem who has deserted her and turned her out of his house after snatching her ornaments and money and since then she is living in the house of her father. She is unable to maintain herself. Opposite party/revisionist owns 15 bighas agricultural land and a shop of transistor repairing. The husband/revisionist filed objection alleging that the applicant/opposite party No. 2 is the lady of bad character. He denied the allegations of the applicant. He has expressed his willingness to keep the applicant. The learned Addl. Chief Judicial Magistrate, Kannauj had rejected the application under Section 125 Cr.P.C. vide his order dated 16.3.01 against which a revision was preferred by the wife/opposite party which was allowed by the impugned order. Feeling aggrieved with the judgment and order passed by the Special Judge (SC/St Act) the husband revisionist has preferred this revision.
(3.) I have heard learned counsel for the parties and gone through the record of the case.;