JAGDISH PRASAD Vs. IVTH ADDL SESSIONS JUDGE

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution of India directed against an order dated 13.6.1994 passed by IV Additional Sessions Judge, Varanasi in Criminal Revision No. 286 of 1993 and another order dated 8.7.1993 passed by the Additional Chief Judicial Magistrate, Varanasi in proceedings for maintenance under Section 125 Cr.P.C. whereby the maintenance at the rate of Rs. 500/- per month was granted to the respondent No. 3.

(2.) I have heard the learned Counsel for the petitioner Mr. D.R.Singh and the Counsel for the respondent No. 3 Sri V. Singh and perused the material brought on record.

(3.) Admittedly the petitioner and the respondent No. 3 were married with each other on 7.5.1990 according to Hindu rites and resided together. The respondent No. 3 filed an application for maintenance under Section 125 Cr.P.C. and the petitioner instituted a Civil Suit No. 47 of 1991 in the Court of Civil Judge, Pratapgarh. The civil suit was decreed ex-parte on account of absence of the respondent. According to the petitioner, the respondent No. 3 did not abide by the ex-parte decree for restitution of conjugal rights under Section 9 of Hindu Marriage Act and prosecuted her application for maintenance in Case No. 242 of 1992 in the Court of X Addl. Chief Judicial Magistrate, Varanasi. The proceedings were held ex-parte and the application was allowed on 8.7.1993 by granting maintenance at the rate of Rs. 500/- per month from the date of application. A criminal revision filed against the order of maintenance was dismissed by the IV Additional Sessions Judge, Varanasi and the order of maintenance was maintained.