Meenakshi vs Sh.Gianeshwar

J.B. Garg, J.

Meenakshi of tehsil Gohana was married to Gianeshwar of district Gaziabad on 14121987 in district Sonepat. Meenakshi, thereafter made an application on 2131989 for fixation of maintenance under Section 125 of the Code of Criminal Procedure in the Court of Sub Divisional Judicial Magistrate, Gohana. The husbandshopkeeper also appeared in the trial Court and on 361989 a kind of compromise was arrived at. Some articles of Furniture, Utensils, Wrist Watch etc. were exchanged or otherwise handed over to each other and besides that a sum of Rs. 12,000/ was also handed over to Shri Sat Narain father of Meenakshi and the petition for maintenance was dismissed as withdrawn as a consequence of the compromise on 361989. Smt. Meenakshi moved an application for maintenance in the Court of Chief Judicial Magistrate. Rohtak but it has been dismissed on 24101990 on the plea that after the compromise dated 461989, the wife lost her right to maintenance and that this petition was not maintainable.

Aggrieved against this, the present revision has been preferred. The marriage inter se the parties is an admitted fact. There had been no proceedings for divorce at any stage and it is undisputed that the marriage still subsists. In such circumstances, there appears to be no reason why Meenakshi, the wife could not move an application for maintenance under Section 125 of the Code of Criminal Procedure. It appears that on 3.6.1989, some articles of dowry and other expenses incurred were delivered to the father of Meenakshi. It is not that she forfeited her right of claiming maintenance during the subsistence of the marriage. Though the facts and circumstances were different yet to stress that a subsequent application for maintenance could be maintainable was observed in Smt. Mango v. Mangtu, 1976 Criminal Law Journal 93, referred to by the learned counsel for the revisionist. The conclusion is that the impugned order dated 24101990 is hereby set aside. The interim maintenance is hereby fixed @ Rs. 200/ per men em with effect from 711991. The parties shall appear in the trial court at Rohtak on 1981991 for further proceedings and disposal of the main petition.

JUDGMENT accordingly.