SHOUKATALI Vs. FARHAT BEGAUM

JUDGEMENT

(1.) The husband has filed this revision petition against the order dated 04.02.2015 made in Criminal Miscellaneous No.240/2013, on the file of the Judge Family Court, Vijaypur, awarding maintenance of Rs.5,000/- per month exercising the powers under the Provisions of Section 125 of Cr.P.C.

(2.) The respondent/wife filed Crl. Misc. No.240/2013, claiming maintenance of Rs.5,000/- against the present petitioner/husband who was respondent before the Family Court, contending that the marriage of the petitioner and respondent was solemnized during the year 2001. The respondent had led marital life with the present petitioner and out of the said wedlock, two children were born to them. It is the case of the respondent that, after the dispute between the petitioner and respondent, the respondent had filed a petition in Crl. Misc.No.398/2007 seeking maintenance for herself and her children and also filed a suit in O.S.No.20/2007 seeking the relief of the decree of divorce against the present petitioner. Accordingly, the marriage of the petitioner and respondent was dissolved as per the compromise took place between the parties.

(3.) The present petitioner who is respondent before the Family Court, filed objections admitting the relationship of the respondent and petitioner as wife and husband and also admitted the earlier proceedings in O.S.No.20/2007 and Crl.Misc.No.398/2007 and further admitted that the respondent and petitioner entered into compromise in O.S.No.20/2007 and got decree of divorce. In the said compromise, the wife had specifically agreed that, she would not claim any maintenance against the respondent-present petitioner.