SANTOSHI JAISWAL Vs. RAKESH JAISWAL

JUDGEMENT

(1.) This revision is directed against the order dated 30/11/2007 passed by the Family Court, Raigarh in M.J.C. No.37/2006.

(2.) The present applicants were granted maintenance under Section 125 of the Criminal Procedure Code, 1973 ('the Cr.P.C.' for brevity) by order dated 17/01/2006 and it has been held that each of the applicants are entitled for monthly maintenance of Rs. 1,000/- from the non-applicant.

(3.) The applicants levied execution for arrears of maintenance amount Rs. 40,000/-. In the said execution, the non-applicant filed an application (I.A. No. 1) stating that a decree for restitution of conjugal rights has been passed in his favour directing the applicant No. 1 to live with him. Since she has failed to execute that decree, therefore, the non-applicant is not liable to make payment of the maintenance amount after the date of the impugned order i.e. 30/11/2007.