SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Raj) 157

P.K.LOHRA
Yusuf Shah S/o Shahnaj Shah – Appellant
Versus
Rubi Bano @ Beby W/o Yusuf Shah – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mukesh Sharma.
For the Respondent: Mr. Shambhoo Singh.

ORDER :

1. Petitioner-husband has preferred these two separate revision petitions under Section 397/401 Cr.P.C. to challenge impugned orders of even date, i.e. on 07.12.2015, passed by Judge, Family Court, Churu.

2. In Criminal Revision Petition No. 130/2016, the order which was passed by learned Court below on respondent’s application under sub-section (3) of Section 125 Cr.P.C. for recovery of arrears of maintenance to the tune of Rs. 92,250/- the learned Court below has handed down sentence of six months’ simple imprisonment to the petitioner by taking shelter of Section 67 of the IPC. Likewise, in Criminal Revision No. 131/2016, learned Court below, upon consideration of identical application of the respondent under sub- section (3) of Section 125 Cr.P.C. for recovery of maintenance of arrears to the tune of Rs. 20,250/- has handed down sentence of three months’ simple imprisonment to the petitioner yet again resorting to Section 67 IPC.

3. It is argued by learned counsel for the petitioner that, while passing the impugned order in both the revision petitions, learned Magistrate has seriously erred in construing sub-section (3) of Section 125 Cr.P.C. Learned counsel further submit





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top