Ajay Kumar v. Rekha Yadav

Crl. Revision (F) No. 109 of 2018 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Crl. Revision (F) No. 109 of 2018 (O&M) Date of Decision: 16.7.2018 Ajay Kumar ......Petitioner

Versus

Rekha Yadav .....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Sunil Kumar Bhardwaj, Advocate for the petitioner.

**** ANITA CHAUDHRY, J CRM-9016-2018 Application is allowed for the reasons stated therein. Delay of 670 days in filing the revision is condoned. CRR(F)-109-2018 The petitioner has assailed an order which was a consent order. The statement of the petitioner was recorded on oath. The Family Court, Gurgaon made an order directing the petitioner to pay maintenance of Rs. 8,000/- per month from the date of filing of the petition. The submission on behalf of the petitioner is that subsequently a divorce decree was passed and therefore he was not entitled to pay any maintenance.

The submission has no force as even the divorced wife is entitled to maintenance. The restriction in Section 125 (4) Cr.P.C. is only where the wife is living in adultery. Though the petitioner did plead that the Gurpreet Singh Bhatia 2018.07.19 16:19 I attest to the accuracy and authenticity of this document chandigarh

Crl. Revision (F) No. 109 of 2018 (O&M) -2wife was living in adultery but no finding in his favour was given. There is no merit in the petition. The petition is dismissed in limine.

(ANITA CHAUDHRY) JUDGE July 16, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.07.19 16:19 I attest to the accuracy and authenticity of this document chandigarh