SHAMBHU NATH CHAKRAVARTI Vs. NITIKA CHAKRAVARTI

JUDGEMENT

(1.) The present revision petition has been preferred against the judgment dtd. 15/10/2015 passed by the Family Court, Manendragarh, in Misc. Criminal Case No.264/2007. Vide the said impugned order, the Family Court in a proceeding under Sec. 125 CrPC while allowing the same has ordered for payment of Rs.2000.00 each to the respondents No.1&2 i.e. wife and son of the petitioner.

(2.) Learned counsel appearing for the petitioner challenges the said order on the ground that the application on which the impugned order has been passed was a second application under Sec. 125 CrPC and the same was not maintainable and the impugned order is therefore per se illegal and not sustainable. According to him, it is a case where the respondent had already preferred an application in the past for grant of maintenance invoking the same provisions that of Sec. 125 CrPC and which stood adjudicated upon on its merits vide order dtd. 17/11/2000 in Misc. Criminal Case No.71 of 2000. Even before the 125 CrPC application was decided on 17/11/2000, the petitioner had moved an application under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights and it also stood allowed in favour of the petitioner vide order dtd. 29/2/2000 and in spite of there being a specific judgment in favour of the petitioner, the respondent-wife did not think it proper for compliance of the directions of staying together with the petitioner.

(3.) It was also contended by the petitioner that down the line the petitioner had also moved an application for divorce on the ground of desertion and cruelty on the part of the respondent No.1. The court below has granted decree of divorce in favour of the petitioner-Husband vide order dtd. 15/7/2009. All these circumstances go against the respondent No.1 and there was no reason whatsoever for the family court to entertain the fresh application under Sec. 125 CrPC moved by the respondent No.1.