E.A. BONNY Vs. RAICHAL BINDU

JUDGEMENT

(1.) THE husband of the respondent is the revision petitioner. After their marriage fell into rough weathers, the respondent filed an application under Section 125, Criminal Procedure Code as M.C. 20/94 before the Judicial First Class Magistrate, Chengannur claiming maintenance for her and daughter. Later in 1995, the petitioner filed an application under Section 19 of the Indian Divorce Act for a declaration that his marriage with the first respondent is null and void. The application for declaration is now pending as O.P. No. 10285/ 95 before this Court. An application claiming alimony pending the suit, C.M.P. No. 30269/96 was filed by the respondent in O.P. No. 10285/95, in which she claimed Rs. 1,500/ - per month as maintenance. In the affidavit filed in support of the application, she stated that M.C. 20/94 on the file of the Judicial First Class Magistrate, Chengannur is 'intended' to be withdrawn. Basing on this averment, petitioner/husband filed a petition C.M.P. 3514/96 praying for dismissing M.C. 20/94. The Court below refused to dismiss the same. The said order is under challenge.

(2.) TWO contentions are raised by the petitioner. According to him, the undertaking contained in the affidavit is to be complied with in letter and spirit. Hence, M.C. 20/94 cannot be proceeded with as the same is liable to be withdrawn. The second contention of the petitioner is that as already an application for maintenance is pending before this Court, the maintenance application by a parallel proceedings before the Magistrate's Court is uncalled for and will amount to abuse of process of the Court.