- (1.) J. C. Mishra, J. This revision has been filed by Smt. Kanchan Bala challeng ing the order passed by the Additional Sessions Judge (Higher Criminal Court) Dehradun allowing Criminal Revision No. 64 of 1984 filed by her husband Lekh Raj and setting aside the order dated 6-4-84 passed by the Munsif Magistrate-II, Deh radun allowing her application under Sec tion 125 Cr. P. C. and awarding monthly maintenance of Rs. 125/- from the date of the application.
(2.) THE revisionist Smt. Kanchan Bala filed application for maintenance on the ground that she was married 6 years before to opposite party No. 1 and out of their wedlock two children were born, but they expired. Her husband indulged in gam bling and drinking. He treated her with cruelty. He and his father got a sale-deed executed from her mother without her knowledge by practicing fraud. Six months before he beat her and turned her out of the house. THE mother of the applicant convened a panchayat to resolve the dis pute but he did not participate. On these allegations she claimed maintenance at the rate of Rs. 300/- per month. The opposite party Lekh Raj denied the allegations and contended that the revisionist under the pressure of her brother and mother left the house without any reason. His monthly income was Rs. 200/- and, therefore, he was not in a posi tion to pay the maintenance demanded. The parties entered into the wit ness box and produced witnesses to sup port their respective cases. They also filed documents. The learned Magistrate ac cepted the case of the revisionist that the opposite party neglected to maintain her and as she was unable to maintain herself she was entitled to maintenance. He, therefore, allowed the application. Lekh Raj preferred revision, which was decided by the Additional Sessions Judge (Higher Criminal Court) Dehradun, who allowed the revision and set aside the order passed by the Magistrate.
(3.) FELT aggrieved with the order passed in revision Smt. Kanchan Bala preferred this revision. List was revised. Learned counsel for either party appeared. I have perused the record and gone through the judg ments.;