SANCHITA JAIN Vs. NARESH JAIN

JUDGEMENT

(1.) HEARD finally with the consent of the parties on the question of admission.

(2.) THIS petition under Section 482 of the Code of Criminal Procedure by petitioner/wife is directed against an order dated 31/12/2009 passed in Criminal Revision No. 80/09 by the Fourth Additional Sessions Judge (Fast Track), Shivpuri, whereby the maintenance application filed by the petitioner -wife under Section 125 of Cr.P.C. was dismissed and the order passed by the trial Magistrate in Criminal Miscellaneous Case No. 15/07 was upheld.

(3.) LEARNED counsel for the petitioner contended that the impugned orders of both the courts -below are against the facts and law, hence, same is liable to be set aside. It is submitted that decree for restitution of conjugal right on application under Section 9 of HMA vide Ex.D/6 was issued on 5/5/2008 from the family court at Ajmer (Rajasthan) in Case No. 274/07. The said decree was passed in ex parte manner and the petitioner was not aware of the fact of passing of such decree and apart that for non -compliance of the aforesaid decree, the maintenance amount cannot be denied to the petitioner. In support of the submissions, learned counsel for the petitioner placed reliance on the decisions of this court rendered in the cases of Babulal Vs. Sunita (1987 JLJ 484), Rewalal Vs. Smt. Urmila [2009(2) MPLJ 378] and Prashant Shrivastava Vs. Smt. Sushma Shrivastava & Anr. I.L.R [2010] MP 1216.