SEEMA VERMA Vs. MAHENDRA VERMA

JUDGEMENT

(1.) With the consent of the parties, matter is heard finally.

(2.) The criminal revision under Section 397 and 401 of Cr.P.C. is preferred arising out of the order dated 27.02.2018 passed by the Principal Judge, Family Court, Gwalior in Miscellaneous Criminal Case No.115/2017, by which the learned trial Court has allowed the application under Section 127 of Cr.P.C. and has withdrawn the order dated 08.07.2015 passed by the Principal Judge, Family Court, Gwalior in Miscellaneous Criminal Case No.181/2014 under Section 125 of Cr.P.C. , whereby the maintenance of Rs.2000/- has been awarded in favour of the wife/respondent.

(3.) It is submitted by counsel for the petitioner that the learned trial court has taken into consideration the aspect that the application under Section 9 of the Hindu marriage Act (in short "the HMA"), filed by the wife herself but despite of same she has refused to go with her husband. The husband is ready and willing to reside the wife but the wife is not ready to live with her husband for no good reason. The application under Section 9 of the HMA has been rejected by the Court below vide order dated 19.12.2015. It is alleged by the counsel for the revisionists that against the aforesaid order, the petitioner has preferred an appeal before the Appellate Authority and the same has been admitted and there is no stay of the impugned order. It is submitted that the appeal is continuation and has been admitted. Learned Family court has committed an error in reversing the order on the ground of rejection of Section 9 of the HMA application in Case No.300-A/2014. He has prayed for setting aside the impugned order with further direction to affirm the order 08.07.2015 passed by the Principal Judge, Family Court, Gwalior whereby the maintenance of Rs. 2000/- was granted in favour of the wife./respondent.