BHIM SAIN Vs. ANISHA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 5.7.2019 passed by learned Sessions Judge (Family Court) Mandi, District Mandi, Himachal Pradesh, in Criminal Petition No.42/19/2016, whereby petition under Section 125 Cr.P.C, having been filed by the respondents for grant of maintenance came to be allowed, petitioner-husband has approached this Court in the instant proceedings filed under Sections 397/401 of the Code of Criminal Procedure, praying therein to set-aside the aforesaid impugned order dated 5.7.2019 passed by learned Sessions Judge (Family Court) Mandi, H.P.

(2.) Precisely, the facts of the case as emerge from the pleadings available on record are that marriage inter se petitioner and respondent No.1 was solemnized in the month of February, 2014 as per Hindu Rites and Customs. Respondent No.2, who is minor born out of aforesaid wedlock inter se petitioner and respondent-wife. Parties to the lis cohabited together as husband and wife cordially for some, but unfortunately, some dispute cropped up between them, as a consequence of which, they started living separately. Respondent namely, Anisha along with her minor daughter filed petition under Section 125 Cr.P.C., for grant of maintenance in the Court of learned Sessions Judge (Family Court) Mandi, District Mandi, H.P., which came to be decided on 5.7.2019, whereby Family Court directed the petitioner-husband to pay sum of Rs.4000/- per month to respondent No.1 (wife) and Rs.3000/- to respondent No.2, till her marriage from today. In the aforesaid background, petitioner-husband approached this Court in the instant proceedings, praying therein to set-aside aforesaid impugned order passed by learned Court below.

(3.) Having regard to the nature of controversy inter se parties, this Court while taking cognizance of the petition at hand, deemed it fit to summon both the parties to the Court, so that possibility of amicable settlement, if any, could be explored.