Patna High Court
Rajesh Kochar vs Reeta Kumari on 18 March, 2002
Equivalent citations: 2002 CriLJ 3357, I (2003) DMC 284
Bench: S N Pathak
ORDER1. This revision is directed against the order dated 19.2.2001 passed in Misc. Case No. 16/1997/426A/2601 under Section 125, Cr.P.C.
2. By the aforesaid order, the Judicial Magistrate, 1st Class, granted maintenance allowance of Rs. 500/- to the opposite party, Reeta Kumari, of this revision. The husband of Reeta Kumari is the revisionist before this Court, The concise facts which are relevant of this revision are that earlier there was a matrimonial suit between the parties (Suit No. 220/1996) before the Family Court Lucknow, which, by its order dissolved the marriage of the parties under Section 13-B of the Hindu Marriage Act (Annexure-1). At page 16, copy of the joint petition filed by the parties before the aforesaid Family Court has been tagged, which shows that the opposite party Reeta Kumari had agreed that she will not claim any maintenance allowance from her divorced husband. On the basis of this agreement, it was submitted by the revisionist's lawyer, that Reeta Kumari was no longer entitled to claim any maintenance from him. Moreover, the judgment of the Family Court was the judgment of the Civil Court and, therefore, it must prevail upon the Magistrate in seisin of the case at Gaya. It was further submitted that under Sections 7 and 8 of the Family Courts Act, the case under Section 125, Cr.P.C. was barred. In support of his contention, the revisionist's lawyer referred to the decisions as reported in P. Jayalakshmi v. V. Ravichandran, I (1992) DMC 273=1992 Cri. LJ 1315, (Andh. Pra.); Sadasivan Pillai v. Vijaya Lakshmi, 1987 Cri. LJ 765 (Ker.); Bhagwant Singh v. Surjit Kaur, 1981 Crl. LJ 151 (Punj. & Har.); Linga Gounder v. Raman, 1978 Cri. LJ 469 (Mad.).
