MINSHI RAGHUNATH YADAV Vs. STATE OF UTTAR PRADESH ADDITIONAL SESSION JUDGE FAST TRACK COURT NO 3 VTH ADDITIONAL

JUDGEMENT

(1.) The present petition has been filed for quashing the orders dated 8.10.2001 and 13.3.2003 passed by the courts below refusing the maintenance allowance to the petitioner.

(2.) Heard Sri A.K. Malviya, learned counsel for the petitioner, Sri K.K. Yadav, learned counsel for the respondent, learned Addl. Government Advocate for the State and perused the record.

(3.) The prayer for awarding maintenance allowance to the petitioner has been refused by the courts below on the ground that the petitioner is not having the company of her husband without an reasonable cause, but the maintenance allowance at the rate of Rs.75/- in favour of her minor daughters named Priyanka and Sanju was allowed by the learned Magistrate vide order dated 16.8.1991 in case No. 703 of 1990. The petitioner filed revision No. 181 of 1994, but the revision was not pressed as the parties had entered into compromise dated 22.6.1996 (annexure-2) to live together. The respondent did not act upon the compromise and he dragged his wife from his house. The wife filed an application under Section 125 Cr.P.C. which is under challenge.