Banshi Das v. Jitni Debi : 1984 MLR 43 : 1983 (2) DMC 198 : 1983 (31) BLJR 483 : 1983 LRC Online 08 (Pat)
Section 125-Grant of maintenance-Broken of compromise between parties-Submission that that when there is a reference of the word 'upon proof in Clause (1)(d) of section 125 of the Code then it means that the proof must be based on some evidence-Magistrate should have examined witness to come to the conclusion as to which of the parties had broken the terms of the agreement and only on consideration of proper evidence he should have passed an order for the maintenance, that is the order under sub-section (1) of section 125 of CrPC-Impugned order set aside and case remanded for fresh consideration in accordance with law-Application allowed.