KAMAL SINGH Vs. SAVITRI BAI

JUDGEMENT

(1.) The applicant has filed this criminal revision under Sec. 397 read with Sec. 401 Crimial P.C. against the order dated 2.7.2015 passed by Principal Judge, Family Court Vidisha in M.J.C. No.342/2014, whereby the application filed by the applicant under Sec. 125 of the Code of Criminal Procedure, 1973 (for brevity, the 'Cr.P.C.') has been allowed and maintenance of Rs.3000.00 per month has been awarded to the respondent.

(2.) This matter canvassed two legal issues pertaining to the maintainability of the application under Sec. 125 of Crimial P.C. However, before proceeding to discuss the same, it is appropriate to briefly state the relevant facts of the case on which this matter has arrived before the Court.

(3.) According to the applicant, the respondent-wife in the year 2005 moved first application under Sec. 125 of Crimial P.C. demanding maintenance from the applicant-husband, which was contested on merits and the court below dismissed the application vide order dated 16.12.2008 on the ground that, the respondent failed to establish the fact that she is residing separately for any considerable or sufficient reason. It is submitted that rejection of this application vide order dated 16.12.2008 attained finality as the same remained unchallenged for considerable length of time.