RAMGOPAL KORI Vs. SUSHEELA BAI KORI

JUDGEMENT

(1.) THIS revision application has been filed under Section 19(4) of the Family Courts Act, 1984 whereby in a proceeding under Section 125 Cr.P.C. the learned Family Court has directed the husband-applicant to pay a sum of Rs. 1500.00 per month towards maintenance charges to the respondent-wife.

(2.) THE contention of Shri Vijay Shrivastava, learned counsel for the applicant is that in terms of the interim order dated 14.1.2005 he is depositing a sum of Rs. 1000.00 per month towards maintenance charges which is being withdrawn by the respondent. Learned counsel submits that respondent-wife has remarried with one Ram Kumar and she is also having a child namely Ankit born on 5.5.2002 from Ram Kumar. Learned counsel also submits that applicant-husband has also filed a divorce suit which is pending in the Family Court at Jabalpur, therefore, the applicant is not bound to pay any maintenance amount under Section 125 Cr.P.C.

(3.) WHETHER the wife-respondent has solemnized a second marriage and a son has also born out of the wedlock of respondent with Ram Kumar is a disputed question of fact and cannot be decided in this revision that too against the order of maintenance passed by the Family Court under Section 125 Cr.P.C. because that was not the dispute in those proceedings. As stated by learned counsel for the applicant, he has already filed a divorce application which is pending for its adjudication in the Family Court and, therefore, according to me, if the applicant-husband succeeds in that case he shall be free to file necessary application in the Family Court that he is not entitled to pay the maintenance amount under Section 125 Cr.P.C. If such an application is filed it will be decided in accordance to the law.