DEEPAK SINGH KIRAR Vs. PRIYANKA

JUDGEMENT

(1.) In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

(2.) This petition under Section 482 of Code of Criminal Procedure,1973 assails the order dated 04/11/2019, whereby the proceedings for issuance of arrest warrant have been initiated.

(3.) The brief facts leading to filing of this case are that the petitioner and respondent entered into wedlock on 13/01/2013 according to Hindu Rites and Rituals. After the marriage, petitioner and respondent could not live along with each other because of mental compatibility and behavioral problems, therefore, the petitioner served a notice for divorce and thereafter, filed an application under Section 13 of Hindu Marriage Act before learned Family Court, Gwalior. On service of notice of divorce, the respondent lodged various complaints under Section 498-A of IPC and under the provisions of Protection of Women From Domestic Violence Act and other provisions of IPC . Respondent has also preferred an application under Section 125 of Cr.P.C. seeking maintenance before the Family Court, Morena. Even though, the petitioner who was working as Software Engineer in Delhi NCR, has engaged an Advocate at Morena but unfortunately the representation was not made on behalf of the petitioner, therefore, ex-parte order has been passed by the Family Court, Morena vide order dated 30/09/2015 fixing monthly maintenance of Rs.5,000/- to be given to the respondent/wife. The petitioner had moved an application for setting aside the ex-parte order dated 30/09/2015 passed under Section 125 (3) of Cr.P.C . which is still pending consideration. Meantime, respondent had approached this Court seeking enhancement of maintenance amount by filing a Criminal Revision No.1189/2015. This Court was pleased to enhance the monthly maintenance amount to the tune of Rs.30,000/- in place of Rs.5,000/- vide its order dated 13/01/2017 .