SMT. KAMLESH Vs. RAJENDRA SINGH

JUDGEMENT

(1.) This revision petition has been filed against the order dated 17.3.2009 passed by the learned Sessions Judge, Dholpur whereby the revisional court has rejected the application of the present petitioner under Sec. 125, Crimial P.C. and order of the court below allowing the maintenance of Rs. 1000.00 infavour of the present petitioner has been quashed.

(2.) Brief facts of the case are that the wife has filed an application under Sec. 125, Crimial P.C. and after hearing both the parties, order was passed in favour of the present petitioner for Rs. 1000.00 per month maintenance allowance. On revision, the order has been quashed. Hence this revision petition.

(3.) The contention of the present petitioner is that the order has been quashed only on the ground that decree under Sec. 9 of the Hindu Marriage Act has been passed in his favour and the execution has also been filed. The contention of the presesnt petitioner is that the order of maintenance was passed on 4.9.2006 whereas the application under Sec. 9 of the Hindu Marriage Act has been filed in 2007 and on the basis of this decree, maintenance could not be denied.