Ramkishan vs Sunita

This criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing the order dated 16.10.2019 passed by the learned Additional

Sessions Judge No.2, Kishangarh Bas District Alwar whereby, the revision petition filed by the petitioner against the order dated 26.09.2017 passed by

the learned Judicial Magistrate, Kotkasim, District Alwar granting interim maintenance to the respondent-wife under Section 125 Cr.P.C., has been

dismissed.

Assailing the order, learned counsel for the petitioner submitted that the revisional Court erred in rejecting the revision petition ignoring that for no valid

reason, the respondent-wife was residing separately from the petitioner. He submitted that he has already filed application under Section 9 of the

Hindu Marriage Act, 1955 and hence, the order impugned deserves to be quashed and set aside.

Heard learned counsel for the petitioner and perused the record.

The learned trial Court has, vide its order dated 26.09.2017, assigning cogent reasons granted interim maintenance to the respondent-wife on her

application filed under Section 125 Cr.P.C. The order reveals that it is based on material on record and does not suffer from any illegality or

perversity.

The learned revisional Court did not err in rejecting the revision petition filed by the petitioner against well reasoned order passed by the learned trial

Court. Even otherwise also, the respondent-wife has categorically alleged in her application that she was compelled to reside separately from the

petitioner on account of harassment and torture meted to her by him.

In these circumstances, this Court is not persuaded to interfere in the order passed by the learned revisional Court.

This criminal misc. petition is dismissed being devoid of merit.