PANCHANAN HEMBRAM Vs. SUSMITA HEMBRAM

JUDGEMENT

(1.) This is an application challenging an order dated 02.11.2019 passed by the learned Additional Chief Judicial Magistrate, Kalna, Purba Bardhaman in Misc. Case No.35 of 2019 in a proceeding under Section 125 of the Code.

(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. On 06.03.2019, the petitioner filed an application before the learned District Court praying for declaring the marriage between the petitioner and the opposite party no.1 null and void. Thereafter, on 06.4.2019, the opposite party no.1 filed an application under Section 125 of the Code claiming maintenance allowance from the petitioner under Section 125 of the Code. A process was issued on such application on 08.04.2019. Subsequently, the petitioner filed an application before the learned Magistrate in the proceeding under Section 125 of the Code claiming that the proceeding was not maintainable and as such, ought to be stayed pending decision of the application for dissolution of marriage. Learned Magistrate held that the proceeding under Section 125 of the Code cannot be stayed on such ground.

(3.) I have heard the submissions of the learned Counsel appearing on behalf of the petitioner and have perused the revision petition.