ISHWAR Vs. THE STATE OF RAJASTHAN AND OTHER

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) The present revision petition has been filed by the petitioner against the order dated 24.09.2017 in Criminal Misc Case No. 51/2013 whereby, learned Judge, Family Court, Pali allowed the application filed by the respondents under Section 125 Cr.P.C., 1973 directing the petitioner to pay maintenance in the sum of Rs. 3000/- per month to respondent wife, Rs. 2000/- to respondent son, thus Rs. 5000/- in total.

(3.) Learned counsel for the petitioner submits that the respondent no.2 herself left the matrimonial house of the petitioner alongwith children and has re-married, therefore, there is no question of granting any alimony to respondent no.2. It is argued that the respondent no.2 has re-married and is working in an industry with her husband, therefore, the respondent is not entitled to any maintenance under Section 125 Cr.P.C., 1973 It is also submitted that the respondent has filed the application only with a view to harass the petitioner, and therefore, the impugned order is liable to be quashed and set aside.