GAJENDRA BORANA Vs. REKHA

JUDGEMENT

(1.) Heard the learned counsel for parties.

(2.) Petitioner-husband has preferred this revision petition challenging the impugned order dated 07.01.2009 passed by the Family Court, Ajmer, whereby application filed by respondent under Section 125 Cr.P.C. was allowed and petitioner-husband was directed to pay a sum of Rs.1,000/- per month towards maintenance to her with effect from the date of order.

(3.) Submission of the learned counsel for petitioner is that respondent herself was not residing with petitioner, therefore, he filed a petition for grant of decree for conjugal rights, his petition was allowed and a decree of conjugal rights was passed in favour of petitioner, this fact clearly shows that petitioner wanted to keep his wife with him, but she herself is not coming, therefore, respondent is not entitled to receive any maintenance and the impugned order is liable to be set aside by this Court.