PARSHURAM Vs. INDU DEVI

JUDGEMENT

(1.) Petitioner has filed this petition with a prayer for setting aside the notice dtd. 24/8/2022 issued by the Family Court, Durg for appearance of petitioner in proceeding under Sec. 125(3) of CrPC filed by respondent.

(2.) The main contention of the learned counsel for petitioner is that respondent, wife of petitioner, has filed an application under Sec. 125 of the CrPC along with application for grant of interim maintenance. Application for grant of interim maintenance was allowed and the learned Family Court directed the petitioner to pay some of ? 7,000/-per month. The order of interim maintenance was challenged before this Court in CRR No. 844/2022 for enhancement of amount of interim maintenance in which the High Court directed the Family Court to expedite the proceedings and to conclude the same within a period of three months, however, thereafter the respondent did not appear before the Family Court and the proceedings under Sec. 125 of CrPC came to be dismissed. He submits that as the main proceeding itself came to be dismissed, the proceedings under Sec. 125(3) of CrPC cannot be permitted to be continue.

(3.) I have heard learned counsel for petitioner.