RAJ KUMAR DUBEY Vs. REKHA DUBEY

JUDGEMENT

(1.) This criminal revision has been filed under Section 397/401 of Code of Criminal Procedure, being aggrieved by the order dated 2.5.2005 passed in Criminal Revision No. 278/2004, passed by the IVth Additional Sessions Judge, Jabalpur, whereby the order dated 17.8.2004 passed in M.J.C. No. 109/03 by the learned Judicial Magistrate First Class, Jabalpur under Section 127 of Cr.P.C. was set aside. Hence, this revision petition is filed by the applicant/husband. The brief facts of the case are that the respondent/wife filed an application under Section 125 of Cr.P.C. for grant of maintenance before the JMFC First Class, vide order dated 10.2.1998 granted the maintenance of Rs. 300/- per month. After the order was passed, Civil Suit No. 15-A/01 was filed by the applicant / husband against the respondent / wife under Section 13(1) of the Hindu Marriage Act vide impugned judgment and decree dated 22.10.2002 it was held that the respondent wife is living in adulterous life and ex-party decree was granted. Thereafter the applicant filed an application under Section 127 (2) (3) and 125 (5) on the ground that respondent wife is living in adulterous life. The learned Magistrate vide order dated 17.8.2004 in M.J.C. No. 109/200 held that the respondent/ wife is living in adulterous life hence not entitled for maintenance under Section 125 of Cr.P.C.

(2.) Being aggrieved by the aforesaid order, the respondent/wife has filed a Revision Petition No. 278/2004, whereby vide impugned order dated 2.5.2005, the learned Sessions Judge held that the aforesaid decree of divorce on the ground of adulterous was granted ex-party, therefore, the applicant is liable to pay maintenance and quashed the order of learned Magistrate regarding payment of maintenance.

(3.) Learned counsel for the applicant Shri Soni submitted that respondent has filed a petition under Order 9 Rule (13) of C.P.C. for quashing the ex-party decree dated 22.1.2010 passed in Civil Suit No. 15-A/01, it is also dismissed and the aforesaid decree of divorce on the ground of adultery has become final.