PUSHPENDRA SINGH JADON Vs. SMT. VANDANA

JUDGEMENT

(1.) This criminal revision under section 397, 401 of Cr.P.C., 1973 has been filed against the order dated 5.4.2018 passed by Principal Judge, Family Court, Shivpuri in Case No.111/2017 by which the application filed by the applicant under section 127 of Cr.P.C., 1973 has been rejected.

(2.) It is submitted by the counsel for the applicant that initially the respondent had filed an application for grant of maintenance but the same was rejected on the ground that she is not entitled to get maintenance as she is not legally wedded wife of the applicant. The criminal revision, arising out of the order of the Magistrate, was also dismissed. The respondent, thereafter, filed a petition under section 482 of CrPC, 1973 challenging the order of the Magistrate as well as the Revisional Court which was registered as MCRC No.7142/2011. The said case was finally heard by this Court and was allowed by order dated 20.01.2017 and it was held that the respondent is entitled for receiving the maintenance amount and, accordingly, the applicant was directed to pay Rs. 5,000/- per month to the respondent from 27.04.2011 when the application filed by the respondent was dismissed by the Magistrate.

(3.) It is submitted by the counsel for the applicant that he could not place certain documents on record, therefore, he filed a petition under section 482 of Cr.P.C., 1973 before this Court for recalling the order dated 20.1.2017 which was dismissed by this Court by order dated 25.4.2017 passed in M.Cr.C. No. 2979/2017.