PUKHRAJ Vs. SMT. LAXMI DEVI AND OTHERS

JUDGEMENT

(1.) Learned counsel Mr.Sudhir Saruparia is appearing for the respondent Nos. 1 and 2. Service is, therefore, complete.

(2.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed on behalf of the petitioner being aggrieved with the order dated 14.12.2017 passed by the ACJM, Devgarh, Distt. Rajsamand (for short 'the trial court') whereby, the trial court has finally decided the proceedings under Section 125 Cr.P.C., 1973 against the petitioner while observing that the petitioner has not deposited the interim maintenance amount as per the directions given by this Court in S.B. Criminal Misc. Petition No.930/2015 decided on 16.12.2015 and, therefore, the earlier order passed by the Family Court on 12.3.2014 is come into force.

(3.) It is noticed that the proceedings against the petitioner were initiated by the respondents under Section 125 Cr.P.C., 1973 however, the said proceedings were decided ex parte against the petitioner vide order dated 12.3.2014. The petitioner has approached this Court by way of S.B. Criminal Misc. Petition No.930/2015, which was allowed vide order dated 16.12.2015 and this Court has ordered that the proceedings of the application under Section 125 Cr.P.C., 1973 which were under taken against the petitioner ex parte, shall be reopened from the stage when the proceedings were made ex parte. It has further ordered that the petitioner shall pay Rs. 4,000/- per month in all to the respondents by way of interim maintenance from the date of this order. It is also observed that the petitioner shall deposit monthly maintenance in the trial court by 10th of each month, failing which, the order whereby the ex parte proceedings have been reopened shall be rescinded.