MOHD. SHAHID AND ORS. Vs. STATE AND ANR.

JUDGEMENT

(1.) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners to challenge the legality and correctness of an order dated 19.12.2015 by which defence of the petitioners herein was struck off. Petition is contested by the complainant/respondent No.2.

(2.) I have heard the learned counsel for the parties and have examined the file. On perusal of the file, it reveals that by an order dated 13.04.2009 the complainant's husband was directed to pay maintenance @ Rs. 4,000/- for her and Rs. 2,000/- per month for her daughter. It appears that subsequently the petitioners moved an application under Section 25 (2) of the Protection of Woman from Domestic Violence Act (In short 'DV Act') for reduction of the quantum of maintenance. By an order dated 10.01.2014 in Crl.M.C. 81/2014, filed by the petitioners, the Trial Court was directed to dispose of the said application moved under Section 25 (2) of the DV Act and to execute the order of grant of maintenance subsequent to that. It seems that another application for 'taking into consideration subsequent events' after filing the application under Section 25 (2) of the DV Act was filed on 17.05.2014. By an order dated 22.12.2014, the application under Section 25 (2) of the DV Act along with the application for 'taking into consideration subsequent events' was dismissed by the Trial Court.

(3.) The petitioners again filed an application dated 02.12.2015 to recall the order dated 22.12.2014 as it was passed in violation of the order dated 10.01.2014 of this Court. The learned Metropolitan Magistrate dismissed the said application by the impugned order dated 19.12.2015 observing that no application under Section 25 (2) of the DV Act was pending. Since the petitioner had declined to pay the arrears of maintenance, the Trial Court struck off the defence of the petitioners.