RAJNESH Vs. NEHA

JUDGEMENT

(1.) The petitioner-in-person has made this application and prayed that the amount of Rs.1,75,000.00 deposited in the Family Court, may not be disbursed to the respondents/ wife and son, till CMA No. 17/2023 is finally decided.

(2.) It is stated that CMA No. 17/2023 has been filed under Sec. 340 of the Code of Criminal Procedure. In the said application, the petitioner has prayed for initiation of proceeding against the respondents for making false statement in judicial proceeding. It is stated that if the amount deposited by him is withdrawn by the respondents, then the very purpose of filing the petition would be frustrated.

(3.) This application has been opposed by the respondents. It is contended that the main application for maintenance under Sec. 125 of the Cr.P.C. has been finally decided on 5/4/2023 and the respondent no.1 is granted maintenance @ Rs.20,000.00 per month and respondent no.2 is granted maintenance @ Rs.10,000.00 per month from the date of the order. It is stated that the proceeding filed under Sec. 340 of the Cr.P.C. has nothing to do with the right of the respondents to get the amount of maintenance deposited by the petitioner.