LAXMI NARAYAN Vs. SUSHIIA

JUDGEMENT

(1.) The matter comes up for consideration of the stay petition. However, with consent of the learned counsel for the parties, the revision petition itself has been finally heard, as the record has already been received, and both the parties are being represented.

(2.) By the impugned order the learned Additional Sessions Judge, Banswara has set aside the order of the learned trial court, whereby the application filed by the present non petitioner under Sec. 125 Cr. PC. was dismissed, and has ordered the petitioner to pay maintenance to the non petitioner at the rate of Rs. 500.00 per month with effect from the date of application i.e. 27.11.1991.

(3.) It is contended by the learned counsel for the petitioner that a decree had already been passed by the learned District Judge, Banswara under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights and notwithstanding that the wife is not living in the matrimonial home. Thus it cannot be said that the petitioner is failing in maintaining the wife, and maintenance could not be awarded.