RAJENDRA HARI Vs. REKHA DEVI

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. No one appears for opposite party nos. 1 and 2 although notices were validly served upon them.

(2.) The petitioner has challenged the order dated 28.2.2005 passed by the Principal Judge, Family Court, Bhagalpur in Misc. Case No. 128 of 1995 under Section 125 of the Code of Criminal Procedure, by which he has directed the petitioner to pay an amount of Rs. 700/ - per month as maintenance to opposite party no. 1 and has further directed to pay a lump sum amount of Rs. 25,000/ - within three months from the date of the order as one -time maintenance for the marriage expense of the daughter, who has become marriageable and until the said amount is paid, a sum of Rs. 500/ - per month will be paid for the maintenance of his daughter.

(3.) IN course of his argument, learned counsel for the petitioner assailed only that part of the order which directs the payment of Rs. 25,000/ - as one -time maintenance in favour of his daughter. It is submitted by learned counsel that there is no provision under Sec. 125 of the Code of Criminal Procedure for payment of such lump sum amount as one -time settlement. It is further submitted by learned counsel for the petitioner on the basis of the supplementary affidavit that during the pendency of the revision application the daughter of the petitioner, opposite party no. 2, namely, Janak Kumari was married to one Sanjay Hari on 9.3.2006 and thus she would not be entitled to any maintenance after the said marriage.