This criminal revision has been preferred by the petitioner/husband
challenging the order dated 23.10.2019 passed by Principal Judge, Family
Court, Mandla, in MJCR No.83/2017, whereby the Family Court has
awarded an amount of Rs.7,000/- to the respondent/wife, towards monthly
maintenance, from the date of order.
2. Learned counsel for the petitioner/husband submits that
previously also an application under Section 125 Cr.P.C was filed by the
respondent/wife and after hearing both the parties was dismissed on merits
by final order dated 27.08.2015 passed in MJC No.699/2014, therefore,
instant second application dated 28.03.2017 could not have been allowed
being barred by res judicata. He submits that without taking into
consideration this aspect of the matter, the Family Court has committed an
illegality in passing the impugned order and in allowing the second
NEUTRAL CITATION NO. 2026:MPHC-JBP:53853
application under Section 125 of Cr.P.C. filed by the respondent/wife by
awarding the monthly maintenance amount of Rs.7,000/-. In support of his
argument, learned counsel for the petitioner placed reliance on the decision
of Delhi High Court in the case of Sunita & another v. Vijay Pal @ Mohd.
Sabir & another, given in Crl.Rev.P 161/2018 on 18.08.2022.
