PARMANAND MISHRA Vs. REKHA MISHRA

JUDGEMENT

(1.) Parmanand Mishra, the husband has moved the present petition under Section 482 of the Code of Criminal Procedure challenging an order of interim maintenance at the rate of Rs. 300/- per mensem in a petition under Section 125 of the Code of Criminal Procedure, passed by Judicial Magistrate I Class, Faridabad on 21.10.199 1 and also the order of its affirmation passed by Shri B.P. Jindal, Additional Sessions Judge, Faridabad on 5.3.1992.

(2.) The main plea put forward on behalf of the petitioner challenging the two orders of interim maintenance is that there is a decree of restitution of conjugal rights in favor of the husband passed by the First Upper Civil Judge Mathura on 18.8.1992. A copy of the aforesaid Judgment is in Annexure P - 4.

(3.) On behalf of the petitioner husband it has been argued that if there is a decree for restitution of conjugal rights in favor of the husband passed by a competent court the order of interim maintenance passed by a Judicial Magistrate under Section 125 of the Code of Criminal Procedure should not be enforceable.