PUNIT Vs. SUNITA

JUDGEMENT

(1.) Aggrieved by the order dated 19.05.2007, passed by the learned Judge, Family Court, Udaipur, whereby the learned Judge has dismissed the petitioner's application under Section 127(3) Cr.P.C., the petitioner has approached this Court.

(2.) The brief facts of the case are that the petitioner and the respondent were married. However, subsequently they were divorced. Initially, Smt Sunita had filed an application under Section 125 Cr.P.C. for seeking maintenance from the petitioner. The said application was accepted and the petitioner was directed to pay a maintenance of Rs.600/- per month to Sunita.

(3.) Subsequently, the petitioner filed an application under Section 127(3) Cr.P.C. ostensibly on the ground that Sunita has married one Ratan Kumar. Therefore, the petitioner need not maintain her any longer. In order to buttress this case, the petitioner had submitted not only his own affidavit, but also the affidavit of other persons. However, vide order dated 19.05.2007, the learned Judge has dismissed the said application. Hence, this petition before this Court.