RAJENDRA SINGH S/O NEM SINGH BY CASTE RAJPUT, RESIDENT OF B Vs. SMT. SNEHLATA W/O RAJENDRA SINGH RAJPUT, D/O SHRI HARI SINGH RAJPUT RESIDENT OF GALI NO.1, MOHAN COLONY, BANSWARA

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioner-husband under Sec. 397 read with Sec. 401 Cr.P.C against the order dated 05-10-2015 passed by the learned Judge, Family Court, Banswara, whereby he has allowed the respondent-wife's application filed under Sec. 125 Cr.P.C and ordered to the petitioner-husband to pay Rs. 3000.00 per month as maintenance to the respondent-wife.

(2.) Learned counsel for the petitioner-husband argued that the respondent-wife is not entitled for maintenance as she without any valid reason deserted the petitioner-husband and she is capable to maintain herself. Counsel further argued that respondent-wife is not willing to make compliance of decree passed in favour of the petitioner-husband for restitution of conjugal rights. Counsel for the petitioner has placed reliance on the judgments of this Court in the case of Rupa @ Nani (Smt.) Vs. Kanhaya Lal & Anr. Reported in 2007 (1) Cr.L.R. (Raj.) 67 and in the case of Chandu (Smt.) & Ors. Vs. Shobha Lal reported in 2013(2) CJ (Cri.) (Raj.) 881 .

(3.) On the other hand, learned counsel for the respondent-wife argued that the learned trial Court convicted the petitioner-husband for offence under Sec. 498-A I.P.C. In appeal, the parties arrived at compromise and the application under Sec. 9 of the Hindu Marriage Act was also decided on the basis of said compromise. Thereafter the petitioner-husband by giving the beatings to the respondent-wife again expelled her from matrimonial house. There is justifiable ground to live separately from the petitioner-husband.