JAYASHREE BALIRAM CHAVHAN Vs. BALIRAM TULSHIRAM CHAVHAN

JUDGEMENT

(1.) This is an application under section 482 of Criminal Procedure Code. The applicant, who has been aggrieved by the order dated 27. 6. 2007 passed by the Additional sessions Judge, Achalpur, whereby the respondent - husband's Criminal Revision no. 53/2006 was allowed, has preferred this application seeking quashing of that order.

(2.) Brief facts leading to this application can be stated thus. The applicant who is wife of the respondent had filed miscellaneous Criminal Application No. 74/ 2003 for grant of maintenance under section 125 of Criminal Procedure Code before the Judicial magistrate First Class, Daryapur. When the matter was pending; there was amicable settlement between the parties and the applicant went to cohabit with the respondent. Pursis to that effect was filed on 9. 3. 2005. Matter remained pending, obviously, waiting for favourable out come. Thereafter, respondent's counsel filed another pursis on 1. 10. 2005 by which it was intimated to the court that the applicant and the respondent were living together at Akola and therefore, the application should be dismissed. It is to be noted that this pursis was filed by the "counsel for the respondent" and not by the applicant. Learned judicial Magistrate First Class, Daryapur then dismissed that application for default for the absence of the applicant. The relevant order reads as under:

(3.) The reply was filed by the respondent to this application. The main contention of the respondent was that as there was amicable settlement between the parties earlier, application for grant maintenance was dismissed. For want of enabling provisions in law, the earlier matter cannot be restored. It was also claimed that the said application was barred by limitation. It was specifically pleaded that the applicant could have filed fresh application for grant of maintenance in the circumstances of the case.