LAWS(DLH)-2018-7-683

BRAJENDRA KUMAR Vs. KUMUD & ANR

Decided On July 26, 2018
Brajendra Kumar Appellant
V/S
Kumud And Anr Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 22.04.2017 passed on an application filed by the respondent-wife under Section 125 of the Cr.P.C for grant of maintenance for herself and her minor son. The Family Court while allowing the application has fixed the maintenance @ Rs. 12,500/- each (total Rs. 25,000/-) from 2011 onwards.

(2.) In view of the decision rendered in the case of "Manish Aggarwal vs Seema Aggarwal & Ors.", FAO No. 388 of 2012 dated 13.09.2012, more particularly, paragraph 26 which we extract below, the appropriate remedy would be filing a criminal revision. Paragraph 26 reads as under:-

(3.) At this stage, learned counsel for the appellant wishes to withdraw this appeal with liberty to file a criminal revision. Learned counsel for the appellant also prays that the interim order granted on 21.09.2017 may be continued for a period of three weeks as his client is stationed in Bangalore. Learned counsel for the respondents does not oppose the request. The appropriate court of jurisdiction will decide the matter afresh unaffected by any observations passed by this Court.