A.S.NEHRA,J - (1.) THIS revision petition is directed against the order dated 12-8-1992 passed by the Judicial Magistrate Ist Class, Ludhiana, by which the application filed by Ashwani Kumar petitioner under section 125(4) read with section 127, Code of Criminal Procedure, was dismissed.
(2.) THE learned counsel for the petitioner has alleged that a joint-petition under section 13B of the Hindu Marriage Act was filed by the parties in the Court of Additional District Judge, Ludhiana and a decree of divorce was passed on 7-11-1991 by way of mutual consent and that, in view of the decree of divorce, the respondent wife is not entitled to maintenance. The learned counsel for the petitioner has contended that the respondent is living separately from the petitioner by mutual consent and that, therefore, she is not entitled to maintenance. In support of his argument, he has referred to the decision dated 7-11-1991 (Annexure P-3) of the Additional District Judge, Ludhiana, by which the petition field under section 13B of the Hindu Marriage Act was allowed. The petition under section 13B of the Hindu Marriage Act was allowed on the statements of Ashwani Kumar petitioner and Rama Rani respondent, which read as under :- "It is stated that for the past three/four years we are litigating in one forum or the other. Previously also, we had decided for getting divorce by mutual consent but we could not appear in the Court. We have been living separately and there is a dead-lock in our marriage. Now, it has become impossible for us to live under the same roof. This petition is also pending for the last about one year. Even criminal litigation under section 406/498 A IPC is also going on. A sum of Rs. 25,000/- is being paid for the article of dowry and marriage expenses to the respondent Rama Rani. We have decided to apart from each other by moving this petition under section 13B of the Hindu Marriage Act. The same may be accepted. We do not want to live in mental agony any long. Now petition under Sections 406/498 A IPC would be withdrawn on account of the mutual settlement." The learned counsel for the respondent has submitted that the respondent wife, who has been divorced by her husband and has not remarried, is entitled to maintenance from her husband.
(3.) AFTER hearing the learned counsel for the parties and going through the statements of the parties made in the Court of Dr. H.C. Modi, Additional District Judge, Ludhiana, I hold that the respondent wife is not living separately from her husband by mutual consent as consent as contemplated under section 125 Crl. PC. It has been stated by the respondent that she is living separately and there is a dead-lock in her marriage; that it has become impossible for her to live with her husband under the same roof; that the petition under Section 13B of the Hindu Marriage Act is pending for the last about one year; that even criminal litigation is going on between them and that therefore, she has decided to part company from her husband by moving the petition under Section 13B of the Hindu Marriage Act.;