KALIMULLAH KHAN, J. - (1.) HEARD learned counsel for the revisionist Smt. Suman Devi and learned counsel for the opposite party no. -2 Rakesh Kumar as well as learned A.G.A. and perused the record.
(2.) THIS criminal revision under Sections 397/401 Cr.P.C. has been directed against the impugned orders dated 1.6.2007 and 18.8.2007 passed by Principal Judge Family Court, Meerut in case no. 496 of 2005 (Smt. Suman Devi vs. Rakesh Kumar) under Section 125 Cr.P.C., P.S. - Civil Lines, District - Meerut challenging their correctness, legality and propriety. Counter and rejoinder affidavit have been exchanged. From the perusal of the record, it transpires that case no. 496 of 2005 was pending before Principal Judge, Family Court, Meerut. The aforesaid case was filed by Smt Suman Devi against her husband Rakesh Kumar for maintenance under Section 125 Cr.P.C.
(3.) DURING the proceeding of the case on dated 1.6.2007, she did not appear before the court as a result of which her case under Section 125 Cr.P.C. was dismissed in default vide order dated 1.6.2007 passed by the aforesaid Principal Judge Family Court, Meerut which reads as under: - "1.6.07 Case called out. The o.p. is present. The applicant is not turned up inspite of repeated calls. Besides this it is also reported that they are living together. In these circumstances the application is rejected and case is dismissed in default of the applicant. Sd/ - 1.6.07" ;