RUPI Vs. RAM BHAJ

JUDGEMENT

(1.) THIS is a petition under Section 482, CrPC, filed by the petitioner-wife, against the respondent-husband, seeking quashment of the order dated 8.12.1993, passed by the Judicial Magistrate and the order dated 9.5.1995, passed by the Additional Sessions Judge, in the proceedings under Section 125, CrPC.

(2.) ANNEXURE P3 is the copy of the order dated 8.12.1993, passed by the Judicial Magistrate 1st Class, Karnal, dismissing the application of the petitioner-wife for the grant of maintenance under Section 125, CrPC, on the ground that the petitioner-wife had failed to join the respondent-husband and the execution petition under Section 9 of the Hindu Marriage Act was also dismissed. It was further held that the petitioner-wife was not entitled to claim any maintenance from the respondent-husband, as it was not proved that the respondent-husband had turned her out of the matrimonial home or had treated her with cruelty. The revision petition, filed by the petitioner-wife in the Sessions Court, was also dismissed by the Additional Sessions Judge, vide order dated 9.5.1995. Aggrieved against these orders, the petitioner- wife filed the present petition in this Court under Section 482, CrPC, seeking quashment of the aforesaid orders passed by the Courts below.

(3.) WHEN the petition came up for hearing before me on 22.10.2001, no one had put in appearance, either on behalf of the petitioner or on behalf of the respondent. However, an adjournment slip had been filed on behalf of the petitioner with no objection from the other side. In the interest of justice, the case was adjourned to 23.11.2001 for arguments and it was made clear that no further date shall be given. On 23.11.2000, again no one had put in appearance on behalf of the parties and the case was adjourned to 7.12.2001. On that date as well, no one had put in appearance, either on behalf of the petitioner or on behalf of the respondent. Accordingly, the petition and the record of the Courts below were perused and the judgment was reserved.