LATIF Vs. SURAIYA BEGUM

JUDGEMENT

(1.) Heard Mr. M.M. Kalyankar, learned counsel for the applicant and Mrs. Smita Taksande, learned counsel for respondent No. 1 and 2. Admitted. Heard finally.

(2.) It is submitted on behalf of the applicant that the respondent Nos. 1 and 2 both had earlier moved the Court of Judicial Magistrate, First Class, Ramtek for grant of maintenance. The prayer of respondent No. 1 Suraiya Begum was rejected by the Court. However, the respondent No. 2 was granted maintenance and the applicant is paying the same till today. The present Application is against the order passed by the Family Court No. 3 on 27th April, 2011 granting maintenance of Rs. 1500/- per month to both the respondents. It is submitted by Mr. Kalyankar, learned counsel for the applicant that the issue regarding earlier order passed by the Ramtek Court had been raised before the Family Court. However without deciding the said issue, the Family Court has decided the application of the respondents for grant of interim maintenance. It is submitted by Mr. Kalyankar that the issue raised by him before the Family Court goes to the root of the case and, therefore, the same has to be decided before passing any order of interim maintenance. The Application separately filed by the applicant has not been decided by the Family Court. In my view, the said Application raising objection should have been decided independently before passing any order for interim maintenance. In any event, since the main Application for grant of maintenance to the respondent Nos. 1 and 2 is already posted for final order, it will be just and proper that the Application filed by the applicant challenging the maintainability of the Application u/s. 125 of the Cr.P.C. before the Family Court is also decided along with the main Application. If the parties are not heard in detail on that issue, it is desirable that the learned Family Court shall hear the learned counsel for the applicant and respondents on the issue of maintainability of the Application. In view thereof, I pass the following order: