MD.SAMSHAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is aggrieved by and has prayed for the quashing of the order dated 23.11.2005 passed by the learned Principal judge, Family Court, Bhagalpur, in Miscellaneous Case No. 93 of 2005. whereby he has directed the petitioner to pay an amount of Rs. 2,000/ - per mensem as ad interim maintenance to his three minor children.

(2.) IT appears that a fresh proceeding under Section 125 Cr.P.C. was instituted at the instance of the allegedly divorced wife of the petitioner claiming maintenance exclusively for her three minor children begotten through him, after the earlier foray by the wife alongwith her minor children, being Miscellaneous Case No. 76 of 2003, had been dismissed by order dated 18.8.2005 on the husband taking the stand of having divorced the wife earlier in time. It appears from perusal of the impugned order dated 23.11.2005 that on that day the learned Judge had probably taken recourse to conciliation proceeding in course whereof he had persuaded both the parties to settle their dispute by way of mutual understanding following which the opposite party, Md. Shamshad, the petitioner herein had agreed and was willing to pay a sum of Rs. 2,000/ - per mensem by way of ad interim maintenance to the three minor children and it was on the basis thereof that the directions were issued by the impugned order.

(3.) HAVING committed himself before the Court below to pay the said amount to the three minor children by way of monthly ad interim maintenance, the petitioner today cannot resile from the same and pray for the quashing of the impugned order moreso when there is no allegation that his consent was obtained by misrepresentation or fraud or coercion or that he was forced or misled thereunto either by the Court or his estranged wife. There is also no allegation of any fraud having been practiced. Once a party agrees before the Cour to do or not to do something, a legal sanctity, is placed on such agreement and it is expected that he will adhere to the same and abide by it.