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Ganesh Rai v. Smt. K. Devi - CRIMINAL REVISION No. 1468 of 1987  RD-AH 3073 (10 February 2006)
Criminal Revision No.1468 of 1987
Ganesh Ram Vs. Smt. Kaushalya Devi
This is a revision against the judgment and order dated 13.8.1987 passed by Sri H.L.Kureel then learned II Addl. Sessions Judge, Ghazipur in Criminal Revision No. 57 of 1987, Smt. Kaushalya Devi Vs. State and others.
The facts relevant for disposal of this revision are that Smt. Kaushalya Devi had filed an application under section 125 Cr.P.C. against Sri Ganesh Ram , the revisionist in the court of Judicial Magistrate, Ghazipur which was registered as Misc. Case No.129 of 1986 with the allegation that she was the legally wedded wife of Sri Ganesh Ram who had deserted her, and she was unable to maintain herself . It was further alleged that Sri Ganesh Ram was employed in an Aluminium Factory and he was drawing a sum of Rs.1500/- per month as salary . It was also stated that daughter and son of the applicant were also residing with her and so the opposite party should be asked to pay Rs.100/- per month to her and Rs.50/- P.M.to each minor child
Sri Ganesh Ram admitted that Smt. Kaushalya Devi was his legally wedded wife but he alleged that she was a lady of loose character and she had left marital home alongwith minor children and so he was not liable to pay any maintenance. Both the parties led their evidence before the learned Magistrate in support of their contentions. The learned Magistrate, after hearing of the case, reached the conclusion that Smt. Kaushalaya Devi was a lady of loose character and she had herself left her marital house and hence she was not entitled to any maintenance. Even then, Sri Ganesh Ram was liable to pay maintenance to his minor children who were residing with Kaushalya Devi . He, therefore, passed order awarding Rs.50/- per month as maintenance to each child. Aggrieved with that order Smt. Kaushalya Devi filed Criminal Revision No. 57 of 1987 before the learned Sessions Judge,Ghazipur.
The above revision was heard and decided by Mr. H.L.Kureel then learned II Addl. Sessions Judge, Ghazipur. He was of the view that Ganesh Ram had failed to prove that Smt. Kaushalya Devi was a lady of loose character and that she was leading an adulterous life. He, therefore, allowed the revision and passed order for payment of Rs.100/- per month to Smt. Kaushalya Devi also as maintenance.
Aggrieved with that order Sri Ganesh Ram filed this revision before this court. On 4.1.2006 when the case was called none appeared on behalf of the revisionist as well as the opposite party. Hence, arguments of the learned A.G.A. who was present in court, were heard and the record was perused.
After a careful perusal of the record and the judgment of the learned II Addl. Sessions Judge and after hearing the submissions made by the learned counsel for the State, I find that the findings recorded by the learned Addl. Sessions Judge are based on proper appreciation of evidence and there is no illegality in his order. He has rightly awarded Rs.100/- per month in favour of Smt.Kaushalya Devi as maintenance. Thus, the judgment and order passed by the learned II Addl. Sessions Judge do not suffer from any illegality. The revision, in this way, has got no force and is liable to be dismissed.
The revision is, accordingly, dismissed. The judgment and order dated 13.8.1987 passed by Sri H.L.Kureel then learned II Addl. Sessions Judge, Ghazipur in Criminal Revision No. 57 of 1987, Smt. Kaushalya Devi Vs. State and others are hereby confirmed.
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