NAMDEO SHESHRAO DINDE Vs. SAU REKHA NAMDEO DINDE

JUDGEMENT

(1.) Heard.

(2.) Question involved in this petition is whether the conditional order of maintenance rendered as a result of settlement is executable or that it is only a term of an agreement, which can be considered in afresh proceeding of Criminal Application under section 125 of the Criminal Procedure Code or may be in a Suit filed under section 18 of the Hindu Adoption and Maintenance Act, 1956

(3.) Undisputedly, the parties are husband and wife and are at logger heads. The marriage ties received set-back and, therefore, the wife filed proceedings under section 125 of the Criminal Procedure Code (M.A. No. 120 of 2001). There took place compromise between the spouses. A Compromise Petition was filed on 21-02-2002. The husband agreed to pay maintenance allowance at rate of Rs. 5000/- p.m. in the event he would not maintain the wife after the settlement. The proceedings under section 125 of the Criminal Procedure Code came to be disposed of as per the compromise though the terms of the compromise have not been incorporated in the final order rendered by the learned Magistrate. Needless to say, the agreement was between the spouses for payment of maintenance allowance and the amount was payable on failure of the husband to maintain the wife. The order is conditional, likewise decree nisi.