LAL CHAND Vs. SUNITA RANI

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr.P.C. filed by Lal Chand, against Sunita Rani, seeking quashment of the order dated 6.3.1998, passed by the Judicial Magistrate.

(2.) THE facts, which are relevant for the decision of the present petition, are that in a petition under Section 125, Cr.P.C. filed by Smt. Sunita Rani against Lal Chand, an ex parte order dated 21.8.1996 was passed, granting maintenance to the wife. Aggrieved against the said order of the learned Magistrate, Lal Chand filed Criminal Misc. No. 185-M of 1998 under Section 482, Cr.P.C., seeking quashment of the aforesaid order dated 21.8.1996. The aforesaid Criminal Misc. No. 185-M of 1998 was dismissed by this Court, vide order dated 8.1.1998, relegating the petitioner namely Lal Chand to his remedy of appearing before the Judicial Magistrate and to move appropriate application against the aforesaid order, seeking recall of the said order. It was further directed that once the said application is moved, the learned Magistrate shall afford reasonable opportunity to the petitioner namely Lal Chand as well as the respondent namely Sunita Rani and dispose of the application accordance to law. Thereafter, Lal Chand, petitioner, filed application for recalling/review of the order dated 21.8.1996 before the learned Magistrate. It was alleged that Smt. Sunita Rani had ceased to be his wife, as ex parte decree of divorce had been granted on 5.12.1995 and no case for granting her maintenance was made out. The said application was contested by Smt. Sunita Rani.

(3.) IN my opinion, there is no merit in this revision petition and the same is liable to be dismissed.