CHANDRABHUSAN Vs. SAVITA BAI

JUDGEMENT

(1.) Aggrieved by the judgment dtd. 8/12/2016 passed by the Family Court, Rajnandgaon, in Civil Suit No.26-A/2010, the present appeal under Sec. 19(1) of the Family Courts Act, 1984 (in short, The Act, 1984) has been filed. Vide the impugned judgment, the court below has allowed an application under Sec. 18 of the Hindu Adoption and Maintenance Act, 1956 (in short, The Act, 1956) to the extent of directing the appellantDefendant to pay an amount of Rs.3000.00 per month to the respondentPlaintiff in this case.

(2.) The substantial ground which the appellant has raised principally is that the said order is ignoring the fact that on an earlier occasion the application under Sec. 125 CrPC moved by the respondent-Plainitff before the Family Court at Rajnandgaon stood rejected vide order dtd. 22/8/2008 in Misc. Criminal Case No.1/2008 and since her application under Sec. 125 CrPC was already rejected, the subsequent application under another enactment for the same relief should not had been entertained.

(3.) The principal ground of challenge in the present appeal is as to whether the subsequent application for maintenance under a different statute would had been entertained and allowed by the court below.