Madhya Pradesh High Court
Navneet Singolkar vs Smt. Vaishali Singolkar on 25 October, 2017
THE HIGH COURT OF MADHYA PRADESH
WP-13475-2017
(NAVNEET SINGOLKAR Vs SMT. VAISHALI SINGOLKAR)
2
Jabalpur, Dated : 25-10-2017
Shri Pal Singh Yadav, learned counsel for the petitioner.
In the present case, the petitioner has filed this petition under Article 227
of the Constitution of India against an order dated 17.07.2017 passed in
M.Cr.C.No.587/2016 passed by the Additional Principal Judge I, Family Court,
Bhopal whereby in an application filed by the respondent-wife under Section
125 of Cr.P.C. an order of maintenance to the tune of Rs.4,500/- per month has been awarded to respondent No.1- wife and Rs.1,500/- per month has been awarded as maintenance to respondent No.2 -minor child .
Learned counsel for the petitioner submits that the Court below has not gone into the reply filed by the petitioner wherein he has even denied the existence of marriage between the parties and as such the impugned order is liable to be set aside.
After going through the record, this Court finds that since reply has already been filed by the petitioner in the aforesaid case and it is a matter of evidence as to whether respondent No.1 is the legally wedded wife of the petitioner or not, under these circumstances, the impugned order dated 17.07.2017 passed by the Family Court appears to be just and proper and needs no interference by this Court as no jurisdictional error has been committed by the learned Judge in passing the impugned order. However, since the pleadings of the parties are already completed, therefore, learned Family Court is directed to dispose of the application filed by the petitioner under Section 125 of Cr.P.C. within a period of four months from the date of receipt of certified copy of this order.
Accordingly, the petition stands disposed of. C.C. As per rules.
(SUBODH ABHYANKAR) JUDGE Vikram