KRISHAN LAL Vs. RAM PIARI

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing the order dated June 9,1995 (Annexure P. 12) passed by the Judicial Magistrate, Abohar, whereby conditional warrants of arrest for the realisation of the maintenance amount of Rs. 3,900.00 have been ordered to be issued against the petitioner.

(2.) THE necessary facts for the disposal of this petition are that the petitioner was married with respondent No. 1 in the year 1980. Out of this wedlock two children were bom i. e. respondents Nos. 2 and 3. It appears that the relations between the two spouses became strained on account of some family dispute and respondent No. 1 alongwith her two children, respondents Nos. 2 and 3 are alleged to have been turned out of her matrimonial house.

(3.) IN the meanwhile the petitioner filed a petition for restitution of conjugal rights on 10. 9. 1991. In these proceedings, respondent No. 1 filed an application under Section 24 of the Hindu Marriage Act claiming expenses of the litigation and maintenance pendente lite. Byorderdatedl6. 11. 1991 (Annexure P. 3) with the mutual consent of the petitioner and respondent No. 1, the Additional Sessions Judge, Sirsa, directed the petitioner to pay Rs. 500.00 per month as maintenance pendente lite to respondent No. 1 w. e. f. 16. 11. 1991. Those proceedings were terminated by judgment dated 25. 8. 1992. Thereafter, the petitioner filed a petition under Section 13 of the Hindu Marriage Act, for a decree of divorce on 4. 10. 1993, in which proceedings the maintenance pendente lite has been granted by the Additional Sessions Judge, Sirsa. It is conceded at the Bar that the decree of divorce has been passed by the Court on 4. 5. 1996.