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 Petition is dismissed as withdrawn.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