SUJIT KUMAR Vs. GURIYA KUMARI

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 12.02.2019 passed in Maintenance Case No.28 of 2017 by the learned Principal Judge, Family Court, Munger whereby while allowing the application filed under Section 125 of the Code of Criminal Procedure (for short 'Cr.P.C.'), he be directed the petitioner to pay Rs.5,000/- per month from the date of filing of the petition as interim maintenance and Rs.500/- per day as litigation cost to the respondent.

(3.) Learned counsel for the petitioner submitted that the order impugned passed by the court below is erroneous both on law and facts. The petitioner has never ever married the respondent. The respondent was already married with one Satish Singh in the year 2003 and was not divorced by her husband. He has been married to one Pushpa Kumari on 15.07.2016 and is living peacefully with her as husband and wife. He submitted that without ascertaining the fact whether there is any relationship between the petitioner and the respondent, the court below has allowed the application filed by the respondent under Section 125 of the Cr.P.C., which is not sustainable in law.