CHAMELI Vs. SUBE SINGH

JUDGEMENT

(1.) THIS revision petition under Article 227 of the Constitution of India is directed against the order dated 17.4.2009, passed by the learned Addl. Chief Judicial Magistrate, Rohtak acting as Presiding Officer of the Lok Adalat vide which the petition filed by the petitioner for execution of an order passed under Section 125 of the Code of Criminal Procedure, has been ordered to be disposed of with the consent of the parties. The order passed by the Lok Adalat reads as under :-

(2.) THE learned counsel for the petitioner contends that, the petitioner had not given consent to the passing of this order, therefore, the Lok Adalat had no jurisdiction to pass an order, and furthermore no maintenance was paid, as mentioned in the order.

(3.) THE learned counsel for the respondent has contested this petition on the plea that, the order passed is just and fair, as maintenance fixed under Section 18 of the Hindu Adoption and Maintenance Act was paid and no maintenance, therefore, was payable under Section 125 of the Code of Criminal Procedure. In support of this contention the learned counsel for the respondent placed reliance on the judgment of this Court in the case of Krishan Lal v. Smt. Ram Piari and Ors., 1997(1) RCR(Criminal) 780 : 1997(1) CCJ 477, wherein this Court was pleased to lay down as under :-