DINESH SHARMA Vs. SMT. RUPA SHARMA

JUDGEMENT

(1.) The accused petitioner has filed instant revision petition under Sec. 397 read with 401 Cr.P.C. against the impugned order dated 21.9.2007 passed by learned Family Court, Kota in Criminal case No. 286/2006 by which she allowed the application filed by the non -petitioner under Sec. 125 Cr.P.C. In short, the facts of the case are that complainant -non -petitioner filed an application under Sec. 125 Cr.P.C. for grant of maintenance against the present petitioner before learned Judge, Family Court, Kota to this effect that her marriage took place at Kota on 30.1.2005 with the present petitioner. After marriage when she went to the home of petitioner then she used to give beating and also behave in a cruel manner. She also stated in the application that her husband also used to take liquor. Certain other facts were mentioned in the application.

(2.) The learned Family Court, Kota after registering the case, sent notice to the petitioner through registered post. The Family Court, Kota passed ex -parte proceedings against the petitioner on the ground that he 'refused to take' notice and ultimately an order dated 21.9.2007 by which application of the non -petitioner was passed and the petitioner was directed to pay Rs. 1,000/ - p.m. as maintenance to the non -petitioner from the date of order.

(3.) The petitioner aggrieved from the order dated 21.9.2007 has preferred this criminal revision petition before this Court.