MOHAMMAD ALTAF Vs. SAMEEM BANO

JUDGEMENT

(1.) Since 16.7.2007 till date this case has been listed on board. however the learned counsel for the petitioner has not appeared before this Court. There fore, this Court has no option but to decided this case on merit.

(2.) The petitioner has challenged the order dated 9.5.2001 passed by the Civil Judge (Jr. Division) and Judicial Magistrate, Class I, Sikar whereby the learned Judge had dismissed the application filed under Sec. 125(3) of the Code Criminal Procedure ('the Code' for short). The accused petitioner has also challenged the order dated 24.7.2007 passed by the District and Sessions Judge, Sikar whereby the learned Judge has upheld the order dated 9.5.2001.

(3.) The brief facts of the case are that the petitioner and respondent were married according to Muslim rites and customs. They lived as husband and wife for a long time. Therefore, the petitioner moved an application for restitution of conjugal rights before the family Court, Jaipur. During the pendency of the said proceedings, on 14.3.1997 the parties entered into the compromise and the non-petitioner agreed to go back to the matrimonial home. Therefore, the said case was decided on 26.4.1997 on the basis of the compromise arrived at between the parties. But, it seems that thereafter some differences took place between the husband and the wife. Subsequently, the non-petitioner filed an application under Sec. 125 of the Code which was decided in her favour vide order dated 3.11.1999. The learned Court directed the petitioner to pay a maintenance of Rs. 500.00 to the non-petitioner from 24.1.1996. Since the petitioner did not pay the said amount, the non-petitioner moved an application under Sec. 125(3) of the Code for issuance of the warrant for levying the amount due. Vide order dated 9.5.2001 the learned Magistrate issued the said warrant. Thereafter, the petitioner filed a revision petition before the learned District Court. However, vide order dated 24.7.2001 the learned Judge dismissed the revision petition. Hence, this petitioner before this Court.