RAYMOND LANCY RODRIGUES Vs. YOGITA RAYMOND RODRIGUES

JUDGEMENT

(1.) Heard Shri Amit Khare, learned Advocate for the petitioner and Shri N.M. Kolhe, learned Advocate for the respondent.

(2.) Rule. Rule made returnable forthwith.

(3.) The respondents had filed application bearing No. E-288/2009, under Sec. 125 of the Code of Criminal Procedure which came to be dismissed because of non-appearance of the parties. The respondents subsequently filed application under Sec. 125 of the Code of Criminal Procedure which is registered as Case No. E-491/201 In these proceedings, the petitioner had filed an application (Exhibit No. 14) contending that the application filed by the respondents under Sec. 125 of the Code of Criminal Procedure was not maintainable in view of the dismissal of the earlier application. The Family Court has rejected the application (Exhibit No. 14) filed by the petitioner by the impugned order and the petitioner being aggrieved by it, has filed this writ petition.