HUKMI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioner assailing the order dated 12.8.2005 passed by learned ACJM No.2, Chittorgarh, whereby the learned Magistrate awarded the interim maintenance to the respondent No.2 the petitioner's wife to the tune of Rs. 3000/- per month under Section 125 Cr.P.C.

(2.) Succinctly stated the facts of the case are that the respondent No.2 Smt.Geeta being the petitioner's wife filed an application before the learned ACJM No.2, Chittorgarh under Section 125 Cr.P.C. being application No.318/2003. The learned Magistrate by the order dated 12.8.2005 granted interim maintenance to Smt.Geeta @ Rs. 3000/- per month from the date of filing of the application i.e. 11.8.2003. The said order was assailed by the petitioner by filing S.B.Cr.Misc.Petition No.1167/2005 before this Court. This Court by order dated 26.10.2005 ordered as below:

(3.) It appears that during the pendency of the proceedings, Smt.Geeta stopped appearing before the trial Court on which, the main proceedings under Section 125 of the Cr.P.C. were dismissed for lack of prosecution on 29.10.2007. As the main proceedings terminated in favour of the petitioner as having been dismissed for non-prosecution, the learned counsel for the petitioner made a statement before this Court on 26.3.2009 that the misc.petition No.1167/2005 had been rendered in fructuous and accordingly, the same was dismissed as in fructuous.