HARI OM MAHESHWARI Vs. USHA MAHESHWARI

JUDGEMENT

(1.) BY this common order, I shall dispose of Crl. M.C. No.387/2012 and Crl. M.C.438/2012 as not only the parties to both the petitions are common but the main issue on the basis of which quashing has been sought by the petitioner revolves around the payment allegedly received by respondent Usha Maheshwari in a case under Section 138 NI Act on the basis of which the petitioner is seeking refund of Rs.4.5 lacs paid by him towards interim maintenance and quashing of the order awarding interim maintenance as well the warrant of attachment in execution petition and also seeking release of his car attached in execution petition.

(2.) IN order to appreciate the issue involved in both the petitions, it is necessary to refer to the basic dispute between the petitioner and respondent who are husband and wife :

(3.) THIS Court, while dismissing the petition bearing Crl. M.C. No.2097/2010 under Section 482 Cr.PC, observed that grounds No. (i) and (iii) referred to above, do not disentitle her from claiming maintenance. In respect of ground No.(ii), it was observed in para 4 of the order which is reproduced as under : -