ROHTASH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is a revision against the judgment and order dated 13-3-1997 passed by the Judge Family Court, Meerut in Case No. 311 of 1993 under Section 125 Cr. P.C., whereby he had directed the revisionist to pay Rs. 400/- per month as maintenance to the Opp. Party No.1 from the date of the application (28-5-1993).

(2.) I have heard the Counsel for the parties and have also gone through the record. The only ground on which the learned Counsel for the revisionist has challenged the maintenance order passed by the Judge Family court is that even before the passing of this impugned order which is dated 13-3-1997 the Civil Court had granted a decree of dissolution of marriage under Section 13 of the Hindu Marriage Act by its order dated 15-7-1995 and that too on the ground of desertion by her.

(3.) The learned Counsel for the revisionist has relied in this case on the provisions of Section 125(4) Cr. P.C. which runs as follows; 125(4) No wife shall be entitled to receive an allowance from her husband under this Section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. Sub-.section (5) provides for cancellation of an order of maintenance made earlier under Section 125(1) Cr. P.C. on proof of certain circumstances including the circumstances that she refuses to live with the husband without sufficient reasons or they are living separately by mutual consent.