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Judgment
Kuldip Singh, Judge
This petition has been directed against the order dated 07.07.2011 passed by learned Additional Sessions Judge, Mandi (Camp at Karsog), in Criminal Revision No. 31 of 2008, affirming order dated 18.06.2008 passed by learned Sub Divisional Judicial Magistrate, Karsog, in petition No. 45-IV of 2007. The facts, in brief, are that petitioner had filed an application u/s 125 Cr.P.C. against respondent for grant of maintenance at the rate of Rs. 10,000/- per month. The petition was contested by respondent on various grounds including that the competent Court has passed a decree on 09.05.2008 of restitution of conjugal rights u/s 9 of the Hindu Marriage Act, 1955, against the petitioner. The petitioner despite the decree of restitution of conjugal rights has not joined the company of the respondent, who never refused to maintain her. The trial Court accepted the contention of the respondent and dismissed the maintenance application of the petitioner on 18.06.2008. The order dated 18.06.2008 has been affirmed by learned Additional Sessions Judge, Mandi, on 07.07.2011.
I have heard both the learned counsel for the parties. The learned counsel for the petitioner has submitted that the petitioner has taken steps for setting aside the ex-parte decree dated 09.05.2008, but till now that decree has not been set aside. The fact remains the decree dated 09.05.2008 is still in force. The petitioner despite the decree dated 09.05.2008 has not joined the company of the respondent. The two Courts below have recorded a finding of fact and the jurisdiction u/s 482 Cr.P.C. is very limited. The petitioner has failed to make out a case for jurisdictional error. There is no merit in the petition which is accordingly dismissed. It is, however, made clear that in case decree dated 09.05.2008 is recalled, then the petitioner shall be at liberty to proceed in accordance with law. The petition is disposed of. The pending application is also disposed of.