Compliance with procedural requirements under Section 126(2), CrPC, and the determination of maintenance under Section 125, CrPC.

H.R. Panwar, J.-By the instant criminal revision petition under Section 397 read with Section 401, CrPC, the petitioner has challenged the order dated 26.05.2003 passed by the Additional Sessions Judge No. 2, Bikaner (for short, "the revisional Court" hereinafter), whereby the revisional Court allowed the revision petition filed by respondent No. 2 Rajesh Kumar and set-aside the order dated 18.02.2003 passed by the Additional Chief Judicial Magistrate No. 1, Bikaner (for short, "the trial Court" hereinafter) in Criminal Case No. 161/1999, whereby the trial Court allowed the application filed by the petitioner under Section 125, CrPC and awarded maintenance @ Rs. 1200/-per month in favour of the petitioner and against the respondent No. 2. Apart from the amount of Rs. 1200/-per month as maintenance, the trial Court also directed the respondent No. 2 to pay a sum of Rs. 150/-per month towards medical expenses and Rs. 100/-per month for other expenses. The interim maintenance awarded to the petitioner was made subject to adjustment against the maintenance finally awarded by the trial Court. Aggrieved by the order dated 18.02.2003 passed by the trial Court, the respondent No. 2 filed criminal revision petition No. 8/2003 before the revisional Court. The order of the trial Court was mainly challenged on the ground of non-compliance of the provision of Section 126

(2) CrPC allegingtherein that the examination-in-chief of AW. 1 Smt. Neelam and AW. 2 Narain Das were recorded in the absence of respondent No. 2 and his Counsel. On this ground, the revisional Court set-aside the order of the trial Court and remanded the matter to the trial Court to decide it afresh in the light of the provision of Section 126(2), CrPC.

2. I have heard learned Counsel for the petitioner and also gone through the record of the trial Court. This case has a chequerred history. The petitioner filed an application under Section 125, CrPC before the trial Court on 24.06.1999. Notice of the application was served on respondent No. 2, who filed the reply on 12.1999. Respondent No. 2 was represented through his Counsel. On 09.08.2001, the petitioner along with her Counsel and witness Narain Das were present in the Court. Respondent No. 2 was not present in the Court and his Counsel, though present in the Court premises, did not appear in the case. On several times, call was made to the respondent No. 2 and his Counsel but neither the respondent No. 2 nor his Counsel put in appearance before the Court. Counsel for the petitioner approached to the Counsel representing respondent No. 2, viz. Mr. Damodar Sharma, Advocate, in the Court premises and informed him that the petitioner and her witness are present and their statement are to be recorded so he may appear on behalf of respondent No. 2 and cross-examine the witnesses. Despite this, Counsel for respondent No. 2 did not appear. Ex parte proceeding was drawn against respondent No. 2 and thereafter the statement of AW. 1 Smt. Neelam and her witness AW.2 Narain Das were recorded and the petitioner closed her evidence. By the other dated 14.08.2001, the trial Court allowed the application filed by the petitioner and awarded maintenance to her. That order came to be challenged by the respondent No. 2 by way of filing criminal revision petition before the Additional Sessions Judge, Bikaner being Criminal Revision Petition No. 204/2001. By the order dated 27.07.2002, the revision petition filed against the order of the trial Court dated 14.08.2001 was allowed, the order of the trial Court was set-aside and the matter was remanded to the trial Court with a direction to decide it afresh after affording equal opportunity of hearing to both the parties and the parties were directed to appear before the trial Court on 12.08.2002. It was further directed that the revisionist, i.e. respondent No. 2 herein, shall keep himself and his witnesses present peremptorily and was also directed to cross-examine the witnesses pro