the husband and wife became strained. In other words, plaintiff No.2 was turned out of the matrimonial home. The plaintiffs filed petition under Section 125 Cr.P.C. for maintenance. The Additional Chief Judicial Magistrate vide order dated 6.4.1991 allowed the aforementioned petition by granting maintenance @`300/- per month from the date of application i.e. 26.7.1990. The aforementioned order was assailed by filing criminal revision petition bearing No.13 of 1992 but the same was dismissed by the Additional Sessions Judge, Karnal vide order dated 18.08.1993. Defendant No.2, Rameshwar was the owner in possession of agricultural land qua 9/40 share out of total land comprising in Khewat No.78, Khatoni No.96, Rect. No.9, Killa No.3/2, 4/1/1, 6/2, 14, 15, 18/2, 23/1, Rect. No.43 and Rect. No.135, total and 38 kanals 19 marlas as per jamabandi for the year 1997-98 situated in village Bhojpur, Tehsil Nissing. However, in order to circumvent the order dated 6/4/1991, a collusive decree dated 10.05.1995 was obtained by defendant No.1 from defendant No.2 in civil suit bearing No.133 of 1995 titled as “Jaswanti Vs. Rameshwar”, which could not be passed as the plaintiff No.1 had right by birth owing to the nature and character of the property. The ancestral property could not be alienated or parted with except on account of legal necessity, which had not seen the light of the day.
