1. This revision is directed against the order dated 30/11/2007 passed by the Family Court, Raigarh in MJC No. 37/2006.

2. The present applicants were granted maintenance under S.125 of the Criminal Procedure Code, 1973 ('the Cr.P.C.' for brevity) by order dated 17/01/2006 and it has been held that each of the applicants are entitled for monthly maintenance of Rs. 1,000/- from the non - applicant.

3. The applicants levied execution for arrears of maintenance amount Rs. 40,000/-. In the said execution, the non - applicant filed an application (IA No. 1) stating that a decree for restitution of conjugal rights has been passed in his favour directing the applicant No. 1 to live with him. Since she has failed to execute that decree, therefore, the non - applicant is not liable to make payment of the maintenance amount after the date of the impugned order i.e. 30/11/2007.

4. The Family Court, by its impugned order allowed the application and held that since the applicant No. 1 has failed to comply the decree for restitution of conjugal rights as she is not residing with non applicant and her appeal stood dismissed by this Court, therefore, the applicant No. 1 is not entitled to recover