ASHOK KUMAR KASHYAP Vs. STATE OF U P

JUDGEMENT

(1.) THE present criminal revision has been filed against the order dated 24.12.1999 by Additional Sessions Judge (Family Court, Moradabad) in Case No. 38/11/2000 awarding Rs. 300 in respect of respondent No. 2 and Rs. 300 in respect of respondent No. 3 in proceeding under Section 125, Cr. P.C.

(2.) BRIEFLY, the facts of the case as alleged are that the order of the learned lower court is illegal and without jurisdiction. Admittedly a case under Section 639 of 1999 was filed by the revisionist on 24.12.1999 for restitution of conjugal rights and after receiving notices of said suit the respondent has filed the present case under Section 125, Cr. P.C. on 4.2.2000. In the said case under Section 24 of Hindu Marriage Act for pendente lite amount as well as interim maintenance. The trial court awarded Rs. 500 as maintenance vide order dated 12.9.2001 as interim maintenance till the decision of the case, the said amount regularly been paid to the revisionist and the suit for conjugal rights is pending.

(3.) IN this connection provisions as enunciated in Section 125, Cr. P.C., was considering which lays down as follows :