Magistrate has power to restore maintenance petition.
An identical question came to be decided by a Division Bench of this Court in case Smt.Kamla Devi and ors. v. Mehma Singh 1989(1) P.L.R.487 and Allahabad High Court in case Kehari Singh v. State of U.P. and another 2005(3) RCR (Criminal) 690. Having interpreted the relevant provisions, it was ruled that "the Magistrate has the power to restore the maintenance petition." The ratio of law laid down in the aforesaid judgments "mutatis mutandis" is applicable to the facts of the present case and is the complete answer to the problem in hand.11
Punjab-Haryana High Court
Lavinder Pal Singh vs Mohinder Kaur & Ors. on 22 February, 2012
https://www.lawweb.in/2013/10/magistrate-has-power-to-restore.html
