(1.) RAJESHWAR Singh, J. This is an Appeal against the judgment of the Family Court.
(2.) THE facts that appear from the judgment and which have not been challenged are that the wife applied under Section 125 of the Cr. P. C. for recovery of arrears of maintenance granted to her by exparte order dated 24-6-85 THE husband moved an application for setting aside that exparte order and the application was dismissed. THEn he moved another application on 15-9-86 for setting aside order of dismissal of his earlier application for setting aside exparte order. That application was also dismissed holding that it was not maintainable.
(3.) THUS in this case the High Court merely said that the Magistrate should not surrender his own discretion and findings of a civil court were not binding on him. It further said that the Magistrate should carefully examine and take into consideration decree of the civil court. What the learned Family Court Judge has done in this case is that he did not consider any circumstances and did not give any finding. He rather merely said that a mere decree for restitution of conjugal rights is no bar to the claim of maintenance. This was not sufficient.