KAMAL KISHORE PANDEY Vs. GEETA

JUDGEMENT

(1.) Heard on the question of admission and interim relief.

(2.) The present petition under Article 226 of the Constitution of India, petition has been preferred challenging the order dated 13/12/2019 passed by 13th Additional Sessions Judge, Gwalior (M.P.) in Criminal Appeal No. 185/2019 whereby maintenance awarded to respondent No.2 to the tune of Rs. 1500/- per month has been maintained and further maintenance of Rs. 2,000/- has been directed to be paid to respondent No.1/wife apart from the maintenance order passed by the court below for respondent No.2 Petitioner has challenged the order of the Trial Court dated 07/05/2019 as well as order passed by the Appellate Court dated 13/12/2019 on the ground that court below has failed to see that petitioner is ready to keep the respondents with him for which he had filed an application under Section 9 of the Hindu Marriage Act which was decreed in favour of the petitioner. The appeal filed by respondent No.1 has been dismissed. He has draw attention of this Court to Section 125(4) which is reproduced herein below as under :-

(3.) In the present case, respondent No.1 has refused to live with the petitioner without there being any sufficient reason. Instead of giving support to her husband, respondent No.1 has left him without any reason and she is claiming maintenance from him which is nothing but an attempt to mentally harass him. In view of the aforesaid, the orders passed by the courts below deserve to be set- aside.