JAYANTO MITRA Vs. NAMITA MITRA

JUDGEMENT

(1.) Petitioner has preferred this CRMP under Section 482 of the Code of Criminal Procedure (in brevity Cr.P.C.) for setting aside the application under Section 125(3) of the Cr.P.C. in case No. 265/2018 pending before the Family Court, Raipur and discharging him from the liability of maintenance.

(2.) In brief petitioner's case is that respondent No. 1 is his legally wedded wife, in their wedlock respondent No. 2 was born. Family Court had ordered him to give the allowance for maintenance at the rate of Rs. 10,000/- per month to respondent No. 1 and Rs. 6,000/- per month to respondent No. 2. Both the parties have preferred revisions before this Court which were dismissed. Respondent No. 1 has filed an application under Section 125(3) of the Cr.P.C., further proceedings in that application are pending before the Principal Judge Family Court, Raipur. He had also filed an application under Section 127 of the Cr.P.C. which is also pending.

(3.) In brief, the respondents' case is that the proceedings are pending before Family Court, no such order has passed by Family Court which caused grievance to the petitioner, thus this CRMP is not maintainable.