MAHENDRA KUMAR MAHARANA Vs. GOURI MAHARANA

JUDGEMENT

(1.) This matter is taken up through Hybrid mode.

(2.) Order dtd. 19/7/2023 (Annexure-1) passed by learned Senior Civil Judge, Aska in CS No.2 of 2017 is under challenge in this CMP, whereby the Petitioner has been directed to pay a sum of Rs.15,000.00 for three months as maintenance to the Opposite Party.

(3.) It is submitted by learned counsel for the Petitioner that marriage between the Petitioner and the Opposite Party has already been dissolved by a decree of divorce. Petition under Order IX Rule 13 Cr.P.C. filed by the Opposite Party-Wife has already been rejected and the appeal against the said order has also been rejected. Application filed under Sec. 125 Cr.P.C. by the Opposite Party ' Wife has also been rejected on the ground that the Opposite Party had willfully deserted the Petitioner. Since the marriage between the parties has already been dissolved by a decree of divorce the instant suit is not maintainable. A petition under Order VII Rule 11 CPC has also been filed with a prayer to reject the plaint filed by the Opposite Party-Wife on the ground of lack of cause of action and territorial jurisdiction. These material aspects were not considered by learned trial Court while passing the impugned order. Hence, the impugned order is not sustainable and is liable to be set aside.