IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Crl. Rev. No. 2912 of 2010(O&M)

Date of Decision: 25.01.2011

Rakesh Bhatia

.... Petitioner

Versus

Kiran and others

... Respondents

CORAM:

HON'BLE MR. JUSTICE ALOK SINGH

Present :

Mr. Kunal Dawar, Advocate

for the petitioner

1.

Whether Reporters of local papers may be allowed to see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest?

ALOK SINGH, J. (ORAL)

Learned counsel for the petitioner has argued that

learned Family Court has dismissed the suit seeking divorce filed by

the wife on the ground of cruelty. Learned counsel has further

argued that in view of dismissal of the suit filed by the wife on the

ground of cruelty, cruelty stands not proved. Learned counsel has

fairly stated that if there is no reasonable ground for the wife to live

separately from the husband then wife is not entitled to seek any

maintenance in view of Section 125(4) Cr.P.C. Learned counsel has

further argued that since main petition under Section 125 Cr.P.C. is

pending, therefore, petitioner shall agitate before the trial Court that

petition under Section 125 Cr.P.C. is not maintainable in view of sub

Section 4 of Section 125 Cr.P.C.

Crl. Rev. No. 2912 of 2010(O&M)

2

Learned counsel for the petitioner seeks permission to

withdraw this petition to raise all the aforesaid legal pleas before the

learned trial Court.

Petition is dismissed as withdrawn. However, main

petition under Section 125 Cr.P.C. shall be decided by the trial Court

in accordance with law at its own merits within 6 months from the

date certified copy of this order is placed before the learned trial

Court. It is also made clear that trial Court while deciding the

application under Section 125 Cr.P.C. shall not be prejudiced by any

observation made in the impugned order while grating ad interim

maintenance.

(ALOK SINGH)

25.01.2011

JUDGE

reena