Abhai Kumar, J. - (1.) This revision has been preferred against the judgment and order dated 22.6.2013 passed by Principal Judge, Family Court, Allahabad in Maintenance Case No.515 of 2009 (Smt. Gagan Deep Kaur and another vs. Ishan Deep Singh) whereby the application under Section 125 Cr.P.C. filed by the revisionist was dismissed.
(2.) The facts in brief are that it is an admitted fact that the revisionist and the opposite party no.2 are legally married and there is a son out of their wedlock. Due to matrimonial dispute, the revisionist started living with her parents with the allegations that she is being meted with cruelty by the opposite party no.2 as well as in-laws. It is further alleged that her mother was forced to execute a sale-deed of a house in Allahabad in favour of the opposite party no.2 so as to save the matrimonial relation between the revisionist and the opposite party no.2, whereas as per the opposite party no.2, his wife is responsible for desertion. A Suit under Section 9 of the Hindu Marriage Act, 1955 as well as a case under Section 25 of the Guardian and Wards Act, 1890 was filed. Both these cases were withdrawn after the parties reached to a compromise. In spite of withdrawal of both these cases by the opposite party no.2, the compromise entered into between the parties, was not followed by his wife. Due to wrongful acts of his wife, he has became jobless and not earning anything at present.
(3.) It is born out from the papers filed by the parties that vide order dated 15.5.2013, the lower court directed the revisionist to produce the evidence regarding the job and income of her husband. Again on 21.5.2013 further time was allowed to the revisionist to produce the evidence. Against this order, a Criminal Revision bearing No.1698 of 2013 (Gagan Deep Kaur vs. State of U.P. and another) was preferred and vide order dated 6.7.2013, another coordinate Bench of this Court stayed the operation of the impugned orders dated 15.5.2013 and 21.5.2013 and directed the Principal Judge, Family Court, Allahabad to decide the case in the light of the evidence produced by the parties.;