IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CRIMINAL MISC. PETITION NO.352/2005 Kailsh Chandra Vs. Babita. 28.01.2008. HON'BLE MR;. JUISTICE DALIP SINGH Shri Jintendra Singh Saini, for the petitioner. Shri Arun Sharma, Public Prosecutor. Perused the impugned order passed by the learned Additional Sessions Judge dated 28.1.2005. The contention of the learned counsel for the petitioner is that the wife was not living with the husband without sufficient cause. This has been found to be incorrect by both the courts below in view of the statement given by the wife AW1 Smt. Babita and statement of the petitioner Kailash Chandra as NAW1. The statement of the wife Babita as AW1 which has been relied upon by the court is that on account of the demand for dowry, her husband and her in laws used to beat her and treated her badly and that she was thrown out from her matrimonial home and even daughter was taken away from her by the in laws. She stated before the court that she is still willing to live with the husband. The husband petitioner Kailsh Chandra NAW1 on the other hand has stated that on account of the cases have been filed by the wife against the husband and the in-laws he was not willing to bring her back into the matrimonial home. The courts below therefore gave a finding that the wife Smt. Babita can not be said to be living away from the husband without reasonable cause or excuse. In view of the above I find no good ground to interfere with the order passed by the two courts below. This criminal misc. petition under Section 482 Cr.P.C as well as the stay petition are accordingly dismissed (DALIP SINGH),J. Ramchandrkhatri,PS