RAJABETI Vs. VIRENDRA SINGH

JUDGEMENT

(1.) THIS revision has been filed against the order dated 2. 7. 1991 passed by the Judicial Magistrate, First Class, Gwalior, whereby it was directed that the parties to lead evidence by the next date in the proceedings Under Section 127 (2) Cr. P. C.

(2.) THE Trial Court had passed an order dated 16. 4. 1991 directing that the application for modification of the original order granting maintenance Under Section 125 Cr. P. C. be converted into the proceedings for modification of the original order Under Section 127 (2), Cr. P. C. The prayer of the non-petitioner was allowed to the, extent that the application be converted as an application Under Section 127 (2) Cr. P. C. Thereafter the parties were called upon to enter into the evidence on the point and the Trial Magistrate proceeded to decide the case. Aggrieved by the order dated 2. 7. 1991 directing the parites to lead evidence on the application for modification of the original order, this revision has been preferred.

(3.) AFTER hearing learned Counsel for the parties it appears from the record that it was a long drawn litigation between the parties. It has been brought to the notice of this Court that an agreement was entered into between the parties on 27. 2. 1989. In that agreement, it was agreed between the parties that in pursuance of the agreement dated 10. 11. 1987 the parties shall live together and the non-petitioner shall maintain the petitioner as wife and thereafter the matter will be deemed to have been settled.