ARVIND KUMAR Vs. SMT. NAMITA

JUDGEMENT

(1.) The present criminal miscellaneous petition has been filed by the petitioner under Sec. 528 BNSS, challenging the order dtd. 5/2/2026 passed by the Family Court No. 1, Jodhpur Metro in Criminal Case No. 1/2022, whereby the application filed by the petitioner under Sec. 94 BNSS was rejected.

(2.) Learned counsel for the petitioner submits that the petitioner is the husband of the complainant, and the application for maintenance has been filed by the complainant-wife. It is submitted that after the evidence of the complainant was recorded, the defence evidence of the petitioner stood concluded. Thereafter, the present application under Sec. 94 BNSS was filed stating that the complainant-wife is working as a Nurse at Vyas Medicity and Super Speciality Hospital, Jodhpur, and is earning approximately Rs.80,000.00 per month.

(3.) It is further submitted that the petitioner came to know about this fact subsequently and, upon visiting the said hospital and making inquiries, learned that the complainant has been working there for a considerable period. However, the complainant has not disclosed this fact before the Court, though the same is crucial for proper adjudication of the maintenance proceedings.