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GOVERDHAN LAL MEGHWAL v SMT.HEERA & ORS - CW Case No. 4106 of 2003  RD-RJ 1060 (24 May 2005)
S.B. CIVIL WRIT PETITION NO.4106/2003
Goverdhan Lal Meghwal. Vs. Smt. Heera and another.
Date : 24.5.2005
HON'BLE MR. PRAKASH TATIA, J.
Mr. P Bohra for Mr. Ravi Bhansali, for the petitioner.
Heard learned counsel for the petitioner.
This writ petition is directed against the order dated 28.3.2003 by which the trial court awarded maintenance to the respondent no.1 wife at the rate of Rs.500/- per month.
According to learned counsel for the petitioner, the respondent no.1's application for maintenance was dismissed under Section 125 Cr.P.C. by the court below on 10.7.2001 after holding that the respondent no.1 is voluntarily residing away from the petitioner husband and, therefore, there was no valid reason for the respondent wife to live away and hence, she is not entitled for maintenance.
The trial court after considering the facts of the case and even after considering the fact of rejection of the application under Section 125 Cr.P.C. allowed maintenance to the respondent no.1 at the rate of Rs.500/- per month.
Therefore, I do not find any illegality in the impugned order passed by the court below so as to call for interference by this Court under writ jurisdiction.
In view of the above, I do not find any merit in this writ petition and the same is hereby dismissed.
(PRAKASH TATIA), J.
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