- (1.) By means of this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order of the II Munsif Magistrate, Varanasi, dated 8th of March, 1989 and the order of the IV Addl. Sessions Judge, Varanasi, dated 19/01/1990, dismissing the petitioner's revision filed against the order of the 11 Munsif Magistrate, Varanasi allowing the application of Smt. Geeta Singh, under S.125 of the Code of Criminal Procedure, 1973.
(2.) It is not disputed in the present case that Smt. Geeta Singh was a legally wedded wife of the petitioner and the petitioner married Smt. Geeta Singh on 22-11-1981. Thereafter Smt. Geeta Singh stayed with the petitioner at Sultanpur and lived there for sometime and then returned to her parents house at Varanasi. She again went to petitioner's house at Mhow (Madhya Pradesh), where the petitioner was posted as a Captain and lived with him for few months.
(3.) The case of Smt. Geeta Singh, the wife of the petitioner, who has been arrayed as respondent No.3 in the petition, is that the petitioner in the month of November. 1982 took her to her parents house and left there and thereafter she is not being maintained by her husband. The petitioner's contention is that he is ready and willing to maintain respondent No.3 and keep her, but respondent No. 3 refused to live with him and as such the application under Section 125 of the Code of Criminal Procedure is not maintainable. The petitioner's contention is that he has already filed a suit for restitution of conjugal rights against respondent No.3 which is pending.;