KIRTI SHARMA Vs. SWAPNIL GAUTAM

JUDGEMENT

(1.) This misc. petition is filed by the accused petitioner with a challenge to order dtd. 24/10/2024, passed by the Court of Addl. Judicial Magistrate, Devli, District Tonk, Rajasthan in Criminal Case No. 164/2022 (Kirti Vs. Swapnil), whereby prayer for interim maintenance was rejected.

(2.) Learned Counsel for the accused petitioner submitted that the prayer for interim relief was rejected by the Court below merely on one ground that the petitioner-wife is living adultery life. Counsel further submits that the respondent-husband filed and application for divorce under Sec. 13(1)(A) of Hindu Marriage Act for dissolution of marriage with the plea that the wife is living an adultery life and after recording the evidence of the parties, the Family Court No. 1, Kota, vide judgment dtd. 6/2/2025, dismissed the application for divorce filed by the respondent-husband and the allegation of adultery was not found to be proved.

(3.) Counsel further submits that in the aforesaid circumstances the dismissal of application for interim maintenance is not sustainable and without any basis.