NARESH KUMAR RAI Vs. MAMTA RAI

JUDGEMENT

(1.) THE petitioner seeks quashment of ex-parte order of maintenance passed by J. M. F. C. , Bhopal, on 11-1-2002, in respondent's application moved under Section 125 of the Code of Criminal Procedure, hereinafter referred to as Code, which stood registered as R. T. No. 829/2000.

(2.) ACCORDING to the petitioner, he was married to non-applicant No. 1 on 6-5-90, but this marriage tie stood annulled by a judgment and decree dated 18-8-99, passed by Tenth Addl. District Judge, Bhopal, in petitioner's Civil Suit No. 69-A/98, filed under Section 13 (1-A) and (1-B) of the Hindu Marriage Act, 1955, which shall hereinafter referred to as Act. Thereafter, non-applicant No. 1 filed a petition under Section 25 of the Act, against this petitioner, seeking the relief of permanent alimony, which stood registered as M. J. C. No. 96/99, and disposed of in his favour on 31-3-2001, by Fourth Addl. District Judge, Bhopal. The learned Fourth Addl. District Judge, Bhopal, ordered the petitioner to pay an amount of Rs. 2,000/- per month to non-applicant by way of alimony. This petitioner challenged the aforesaid order in First Appeal No. 221/2001, wherein, as interim relief, this Court reduced the amount of alimony from Rs. 2000/- p. m. to Rs. 1000/- p. m. , by order dated 19-7-2001 and this First appeal is still pending for disposal.

(3.) AFTER the judgment and decree in Civil Suit No. 69/98, and during the pendency of First Appeal No. 221/2001, the non-applicant instituted proceedings under Section 125 of the Code, against this petitioner which were registered as R. T. No. 829/2000, and in these proceedings, by an exparte order dated 11-1-2002, the learned J. M. F. C. ordered the petitioner to pay a total amount of Rs. 1,800/- p. m. , to both the non-applicants.