ORDER

Present revision petition has been filed under Section 19(4) of Family Courts Act being aggrieved by the order dated 24.09.2021 passed by learned Principal Judge, Family court Dewas in Miscellaneous Criminal Case No.88/2018 whereby the learned Judge has dismissed the application filed by the petitioner for dismissing the case under Section 125 of the Cr.P.C. filed by the respondent/wife as she has already received lump-sum permanent alimony of Rs.15Lacs in divorce case.

Short facts of the case are that the marriage of the petitioner and the respondent was solemnized on 15.04.2000 as per Hindu customs and rituals.

Thereafter, due to some matrimonial dispute between the parties, the petitioner had filed a divorce case under Section 13 of the Hindu Marriage Act before the learned Family Court and at the time of pendency of the divorce case, the respondent/wife has filed an application under Section 125 of Cr.P.C. for grant of interim maintenance. The petitioner has also filed the reply to the application filed by respondent/wife by submitting that the respondent is trying to harassed the petitioner and his family members and she is well qualified and and earning well. Thereafter, the learned family court passed a judgement and decree in favour of petitioner on the ground of cruelty and dissolved the marriage between the parties vide order dated 07.01.2021 and ordered the petitioner to pay lump-sum amount of Rs.15/- lacs. Thereafter, the petitioner filed an application before the learned Family court to dismissed the application filed by the respondent/wife under Section 125 of Cr.P.C. by submitting that in compliance of the decree of divorce dated 07.01.2021, he has deposited the amount of Rs.15/- lacs in the account of the respondent/wife, but the learned Family Court has dismissed the said application vide impugned order dated 24.09.2021 on the ground that this Hon'ble Court has granted stay in the appeal filed by the respondent/wife. Hence, the present petition before this Court.

Learned Senior counsel for the petitioner/revisionist submits that the impugned order of the learned Family Court is contrary to law and against the principles of natural justice. The learned Family Court erred into not considering the fact that the learned Family court has awarded a lump-sum permanent alimony of Rs.15/- lacs and the respondent/wife has duly received the same.

The learned Family court has passed impugned order contrary to law and the guidelines set by the Hon'ble Aped Court in the case of Rajnesh vs. Neha and Anr 2021 (1) SCC (CRi.) 749. The learned family Court did not take into consideration the fact that the learned apex Court in its various judgements has held that the Courts should not entertain the application filed under Section 125 of Cr.P.C. if she has got permanent alimony under the Hindu Marriage Act. It is further submitted that the learned family Court committed grave error of law while dismissing the application filed by the petitioner without considering the entirety of the facts and circumstances of the case. The learned family Court has erred into not considering the fact that the respondent/wife has not brought the fact of permanent alimony being awarded in her favour to the learned family court and she has also not submitted any affidavit before the learned family Court stating maintenance awarded in previously instituted proceedings. It is also submitted that there is no specific provision under Section 25(2) of HMA to modify the order of permanent alimony and the respondent take recourse of this provision. Hence, on the aforesaid grounds, learned Senior counsel for the petitioner prays for setting aside the impugned order.

On the other hand, respondent in person opposed the prayer of learned Senior counsel for the petitioner. She summits that she always tried to keep her family collective, left her govt. job for the family, the petitioner is earning well and having more income, the permanent alimony so