ANITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE defect pointed out by the Registry is waived. With the consent of the learned counsel for the petitioner, heard on merits.

(2.) THE present petition under Section 482 Cr.P.C. has been filed by the petitioner wife who was awarded maintenance under the provisions of the Domestic Violence Protection of Women Act, 2005 (for short, the 'Violence Act'), 2005, by the learned Additional Chief Judicial Magistrate, Bassi vide order dated 11.10.2007. THE appeal preferred by the respondent husband against the order passed by the learned Magistrate came to be heard and decided by the learned Additional Sessions Judge, Jaipur District, Jaipur and the learned Additional Sessions Judge by order dated 8th January, 2008 set aside the order dated 11.10.2007 granting maintenance to the petitioner wife on the ground that the respondent husband had filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights which was accepted and a decree for restitution of conjugal rights was passed. Despite the decree, the petitioner wife did not go to live with her husband and thereupon, an application for divorce was filed, which was accepted and a decree of divorce was granted in favour of the husband, on the ground that the petitioner wife had deserted her husband without any reasonable cause.