GOPAL SINGH Vs. DISTRICT JUDGE BHILWARA

JUDGEMENT

(1.) The petitioner, by way of this writ petition, seeks to question legality of the order dated 08.02.2006 (Annex.9) passed by the District Judge, Bhilwara under Section 24 of the Hindu Marriage Act, 1955 (the Act).

(2.) From the material placed on record, it appears that the petitioner and the respondent No.2 were married in the year 1981 and there were disputes between the parties leading to a petition for dissolution of marriage filed by the petitioner that was dismissed by the Family Court, Ajmer on 22.07.1989.

(3.) However, during pendency of D.B. Civil Misc. Appeal No.350/1989 before Jaipur Bench of this Court, the parties reconciled withdrawing allegations against each other and agreed to live together and it was given out before the Division Bench of this Court that no dispute survived and the appeal was, therefore, disposed of in terms of the compromise on 26.02.1991 (Annex.1). According to the petitioner, after compromise both the parties lived together for about five years but thereafter the respondent No.2 wife left his company without any reason in the month of December, 1995 and filed a petition under Section 125 of the Code of Criminal Procedure (Cr.P.C.) on 29.08.1996. The said petition under Section 125 Cr.P.C. was decided by the Addl. Chief Judicial Magistrate, Shahpura (Bhilwara) on 07.04.1999 (Annex.2) directing the petitioner to make payment of Rs.500/- per month as maintenance to the wife.