DAHIBEN RAMANLAL PARMAR Vs. RAMANLAL RANCHHODBHAI PARMAR

JUDGEMENT

(1.) J. This is a revision application under Sec. 397 read with Sec. 401 of the Criminal Procedure Code, at the instance of the wife, who the order passed by Sessions Court, Godhra in proceedings under Sec. 125 of Cr. had applied to the learned Magistrate for maintenance under Sec. 125 of the Criminal Procedure Code. The trial Court had granted maintenance in favour of the wife, which order was challenged by the husband by way of a revision, which revision was allowed by the Sessions Court, and the judgment and order of the learned Magistrate granting maintenance in favour of the wife was quashed and set aside. Hence, the present revision.

(2.) As a result of the hearing and discussion, I find that it is not necessary to go into the merits of the impugned judgment, for the simple reason that the learned Counsel for the parties have been able to arrive at a settlement (with the assistance of the Court), on the following terms :- (i) The amount of maintenance which the petitioner wife may have received so far under orders of the various Courts shall be retained by her as of right. (ii) In case there are any arrears of maintenance, such arrears shall not survive and shall not be enforceable in view of the present settlement. (iii) The respondent No. 1 herein-the husband shall pay the petitioner-wife a sum of Rs. 17,500/- (Rupees seventeen thousand five hundred only) by making the deposit in the Court of the learned J.M.F.C., Godhra, latest by 9th May, 2000. This payment shall be in full and final settlement of all the rights between the parties, including the alleged rights of the present petitioner-wife under Sec. 125 of the Criminal Procedure Code for all time to come. It is clarified that, in the opinion of this Court, this settlement is in the interests of the petitioner-wife inasmuch as, as per the judgment and order of the Sessions Court, there was no marriage between the parties at all, and that therefore, the petitioner would not be entitled to any amount of maintenance whatsoever. However, I have assisted the parties in coming to the aforesaid settlement only on account of the fact that they may have cohabited for some time. It is further clarified that the judgment and order of the Sessions Court is sustained and is not interfered with in any manner whatsoever. It is further directed that in case the amount of Rs. 17,500/- is not deposited by the first respondent herein before the learned J.M.F.C., Godhra by due date, it shall bear interest at the rate of 15% per annum, computed on a monthly basis, and the said amount shall be recoverable by execution as if the present order is a decree of this Court.

(3.) This Revision Application is accordingly disposed of. Rule is discharged.