(1.) Feeling aggrieved by the impugned order dated 28th July, 2005, passed by the Principal Judge of the Family Court, Gwalior in case No. 76/05, this petition has been filed for setting aside the order. Vide impugned order, the learned Judge has disposed of two applications :- 1. An application on behalf of the respondent under Section 125(3) of Cr. P. C. for granting stay against the recovery of the maintenance allowance. This application has been allowed.
(2.) Rejected another application filed on behalf of the petitioner under the same provision of Cr.P.C. requesting therein to send the respondent in jail in default of non-payment of the same maintenance allowance.
(3.) Shri P.K. Chaturvedi, the learned counsel appearing on behalf of respondent, while drawing attention on the judgment of this Court in Gulamnabi v. Raisabi has submitted that these proceedings are of quasicivil nature and every Court has inherent powers to do just and to undo unjust. It is also submitted by him that prior to the impugned order vide order dated 17.03.05 similar nature of the order was passed staying the maintenance but the petitioner did not challenge that order. Hence, according to the principles of res Judicata, that order has become final against the petitioner and now, petitioner is estopped from challenging this subsequent order through this petition.