PRASHANT SHRIVAS Vs. SMT. NISHA SHRIVAS AND ANOTHER

JUDGEMENT

(1.) Heard on admission.

(2.) By this writ petition filed under Article 227 of the Constitution of India the plaintiff has challenged the legal propriety of the order dated 19-06-2015 passed by the Principal Judge, Family Court Sagar in MJC No.107/13 whereby the application for grant of interim maintenance filed by the respondent No.1/wife has been allowed and the petitioner-husband has been directed to pay Rs.5000/- per month to the respondent No.1 and Rs.3000/- per month to the respondent No.2 from the date of the order. The main contention of the petitioner is that the objection regarding jurisdiction of the Family Court was pending for consideration before the Court of law and, therefore, the trial Court ought not to have passed any order of maintenance in favour of the respondents and hence, the order impugned suffers from illegality.

(3.) The factual expose adumbrated in a nutshell, is that the respondent No.1/wife filed an application under Section 125 of the Code of Criminal Procedure [for brevity 'the Code'] for grant of maintenance before the Family Court at Sagar. Notice was issued to the petitioner and he raised an objection regarding jurisdiction of the application to be adjudicated at Sagar. After rejecting the objection during pendency of the said application, the trial Court by order dated 19-6-2015 passed an order for grant of maintenance. The petitioner initially filed an application under Section 482 of the Code vide M.Cr.C. No.3931/2014 before this Court which was disposed of on 26-03-2015 directing the Principal Judge, Family Court to decide the application dated 16-4-2014 challenging jurisdiction of that Court expeditiously. The objection filed by the petitioner was rejected by order dated 20-3-2015 regarding jurisdiction of the Family Court Sagar. Assailing the said order dated 20-03-2015, a writ petition forming the subject-matter of W.P. No.6565/2015 was filed. The said petition was disposed of by this Court quashing the order passed by the Family Court and directing it to decide the objection preferred by the petitioner afresh in accordance with law within a period of one month from the date of receipt of the certified copy of the order.