SHANTI Vs. CHATTER SINGH

JUDGEMENT

(1.) The present petition has been filed by the petitioner undersection 397 of the Code of Criminal Procedure (hereinafter referred to as the Code) against order dated 20th October, 1989 passed by a learned Additional Sessions Judge, Delhi in Revision Petiton No.29/89 reversing the order dated 15th March, 1989 passed by a learned M.M. undersection 125of the Code in case No.l59/82 (110/l of 1988).

(2.) Briefly stated the facts of the case are that the petitioner was married to the respondent in accordance with Hindu Rites. She filed an application under Section 125 of the Code for grant of allowance for maintenance as the respondent who has remarried to one Smt. Gy ano Devi-and was having sufficient means was neglecting and refusing to maintain the petitioner.

(3.) The learned M.M. vide his order dated 21st May, 1986 granted interim maintenance alloance @ Rs. l00.00 p.m. During the pendency of the proceedings the petitioner moved an application on 13.11.86. In this application it was stated that:- "The petitioner and the respondent have arrived at a mutual voluntary compromise between them and the respondent has undertaken to maintain the petition and provide her with all the necessities of life and the petitioner has now full faith in the commitments made by the respondent."