JUVEDA Vs. YUNISH KHAN

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. has been preferred by the petitioner for quashment of impugned order dtd. 16/9/2025 passed by the II Additional Sessions Judge, Sabalgarh, District Morena in Criminal Revision No.55/2025, whereby Revisional Court has erroneously set aside the order dtd. 10/3/2025 passed by the Judicial Magistrate First Class, Sabalgarh, District Morena.

(2.) Learned counsel for the petitioner has submitted that the petitioner was granted maintenance of Rs.4,000.00 per month vide order dtd. 16/10/2019 in MJC No. 18/2010. The revision filed by respondent against the said order was dismissed on 13/1/2021. Thereafter, respondent willfully and deliberately stopped paying any maintenance, causing the arrears to accumulate to over Rs.5,00,000.00. Respondent adopted dilatory tactics, including refusing to accept court notices, compelling the petitioner to initiate multiple proceedings for recovery. The petitioner has filed an application for recovery of maintenance amount from the provident fund and other retiral dues of respondent which was allowed by the Trial Court. Petitioner has filed another application for attachment of the pension of respondent to prevent future defaults and repeated litigation, which was allowed by the trial court vide order dtd. 10/3/2025.

(3.) . It is further submitted by the counsel for the petitioner that revisional Court has gravely erred in setting aside the trial court's order on the ground of violation of principles of natural justice. Revisional Court has completely ignored the long and troubled history of the litigation, particularly the consistent and wilful default on the part of respondent in paying maintenance. Therefore, it is prayed that this petition has been allowed and order dtd. 16/9/2025 (Annexure P/1) may kindly be quashed.