SRIKANT PANDA Vs. ANITA PANDA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner in this writ application prays for quashing the proceeding under section 125 of the Code of Criminal Procedure filed by the opposite party in the Family Court, Berhampur, which has been registered as Cr.P.No.109 of 2013, on the ground that the said maintenance proceeding is not maintainable in terms of sub-Section (4) of Section 125 Cr.P.C. as because a decree of divorce between the parties by mutual consent under Section 13B of Hindu Marriage Act has already been passed by judgment dated 24.09.2011 by the learned Civil Judge (Senior Division), Dharamgarh in Mat Case No.32 of 2011 and that the said decree has become final.

(3.) Section 125(4) Cr.P.C. reads as follows :