June 28, 2019:
Madhya Pradesh High Court has stayed the execution proceeding regarding maintenance in respect of the period starting from the date when the marriage was declared void.
A bench of Justice Srivastava has passed the order in the case titled as PRATEEK KHARE Vs SMT. AMRIT KHARE on 21.06.2019.
Learned counsel for the petitioner submits that respondent has filed an application under Section 125 of the Cr.P.C. for granting maintenance amount of Rs.50,000/- per month to the applicant. The learned Family Court has allowed the application vide order dated 02.08.2018 and directed the present petitioner/non-applicant to pay Rs.9000/- per month to the respondent.
He also submits that respondent has also filed an application under Section 12 of Hindu Marriage Act before the Family Court, Bhopal which was allowed vide order dated 30.08.2018 and the marriage of petitioner/non-applicant and respondent/applicant declared null and void. Thereafter, petitioner/nonapplicant filed an application under Section 127(2) of Cr.P.C. and submits that now respondent is not his wife, therefore, she is not entitled to get any maintenance. The said application under Section 127(2) of Cr.P.C. was allowed by the Ist Additional Principal Judge, Family Court, Bhopal on 30.04.2019 and it is ordered that the marriage of petitioner/non-applicant and respondent has been declared null and void and due to that respondent is not entitled to get maintenance from the petitioner/non-applicant from the order dated 02.08.2018. Therefore, he prays for allowing this application for grant of stay.
High Court passed an order to the effect "Considering the facts and circumstances of the case and looking to the aspect that the petitioner/non-applicant has filed an application under Section 127(2) of Cr.P.C and the same was allowed by the Ist Additional Principal Judge, Family Court, Bhopal on 30.04.2019 and it was ordered that on 30.08.2018, the marriage of petitioner/non-applicant and respondent declared null and void. As as interim measure, it is directed that petitioner/non-applicant shall pay the maintenance amount of Rs.9000/-per month to the respondent till 30.08.2018 and after the said date i.e. 30.08.2018 further execution proceedings of MJCR No.73/2019, passed by learned Ist Additional Principle Judge, Family Court, Bhopal shall remain stayed, till the next date of hearing".
Read the Order here:
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