( 1 ) RULE returnable forthwith and called out hearing.

( 2 ) HEARD learned Advocate Mrs. Jyoti Dharmadhikari for the applicant and shri R. R. Srivastava, Advocate for the Non-applicant.

( 3 ) THE chronological event as to the Court proceedings have to be narrated as below since the parties have chosen not to give them per se quatum. Those however, could be narrated as follows :

(I) Parties who were married as per Boudha rites and rituals on 22-10-2000 have been separated.

(II) The applicant husband filed petition for dissolution of marriage in the Court of the Civil Judge Senior Division, Chandrapur some time in the year 2002 which proceeding was registered as HMP no. 42 of 2002 and has been re-numbered as 772 of 2002.

(III) After knowing the motion for dissolution by the husband, wife present respondent has filed petition for restitution of conjugal rights before the Family Court, Nagpur which is registered as Case no. A-490 of 2002.

(IV) Since the wife's petition was later in time, it has been stayed.

(V) Wife then filed the proceeding under section 125 of Criminal procedure Code before the Family Court Nagpur which is registered as Case No. E-427/2002.

(VI) 24-6-2003 : F