- (1.) This revision has been filed against the order dated 21-10- 2009 passed by Principal Judge, Family Court, Jhansi, in case no. 102/ 2006 Smt. Rubina & another v. Mohd. Javed under section 125 Cr.P.C., p.s. Prem Nagar, Jhansi.
(2.) Admitted facts relating to this revision are that wife (/revisionist Rubina) had filed a petition u/s 125 CrPC with averment that her husband had treated with cruelty and deserted her without sufficient reasons, therefore she should be awarded maintenance u/s 125 CrPC. Husband (present Respondent No.-2 Mohd. Javed) had filed petition for restitution of conjugal rights against his wife (present revisionists) which was decreed by the court of Civil Judge, Ist Class, Tikamgarh, M.P. That decree is still in effect. But wife (/revisionist Rubina) had not obeyed the decree of the court, and kept herself away from her husband. During hearing of this petition of maintenance Family Court had dismissed the petition for maintenance u/s 125 CrPC by impugned order on the ground that case of restitution of conjugal rights of husband had been decreed, which is proof of the fact that wife Rubina Bano had deserted her husband without any sufficient reason, therefore her petition u/s 125 CrPC is not maintainable. Aggrieved by this impugned revisionists have preferred present revision.
(3.) I have heard the learned counsel for the revisionists and A.G.A. and perused the records.;