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2024 Supreme(Chh) 19

PARTH PRATEEM SAHU
Vinod Gupta S/o Ramlagan Gupta – Appellant
Versus
Nidhi Gupta D/o Late Prabhudayal Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.K. Prasad.
For the Respondent: Anil Gulati.

ORDER :

1. This revision is filed challenging the order dated 6th April 2023 passed by learned Judge, Family Court Manendragarh, District-Manendragarh-Chirmiri-Bharatpur in Miscellaneous Criminal Case No. 11/2022 whereby learned Family Court has allowed the application filed under Section 125 of Cr.P.C. filed by non-applicant/wife and awarded maintenance of Rs.6,000/- per month in favour.

2. Learned counsel for the applicant would submit that application under Section 125 of Cr.P.C. was filed absolutely on false ground. He further contended that non-applicant/wife herself deserted the applicant and therefore, the applicant has filed an application under Section 13 of the Hindu Marriage Act, 1955 (for short “Hindu Marriage Act”) seeking divorce on the said ground which ultimately was allowed on 25.01.2023. The proceedings under Section 125 Cr.P.C. as also proceeding under the Protection of Women from Domestic Violence Act, 2005 (for short “Domestic Violence Act”) is filed by the non-applicant/wife only after issuance of notice in divorce proceedings which shows that intention of non-applicant/wife. He further submits that applicant is pressing this revision petition on the ground that

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