Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 1762 of 2019 Petitioner :- Vijay Prakash Yadav Respondent :- Additional Judge Family Court And Another Counsel for Petitioner :- Yadvendra Pratap Singh
Hon'ble Harsh Kumar,J.
Petitioner is aggrieved with order dated 17.11.2018, whereby the Judge, Family Court, Kanpur Nagar has directed him to make payment of Rs.37,000/- to respondent no.2 towards arrears of maintenance under Section 24 of Hindu Marriage Act in a divorce petition filed by petitioner.
The contention of petitioner is that he is making payment of maintenance of Rs.6,000/- per month to respondent no.2 and her children in compliance with judgment dated 25.3.2016, A-3 passed by Judge, Family Court, Kanpur Nagar in Maintenance Petition No.1005 of 2015, under Section 125 Cr.P.C. and he may not be burdened for making with payment of double maintenance under two proceedings.
Upon hearing learned counsel for petitioner and perusal of record, I find that impugned order has been passed in proceedings under Section 13 of Hindu Marriage Act which are in the nature of proceedings in civil case.
It is settled principles of law that proceedings of civil case will prevail over the criminal proceedings, so petitioner has to comply with order dated 17.11.2018 and may seek its adjustment under the proceedings of criminal case under Section 125 Cr.P.C.
The petition is disposed of with the observation that petitioner may seek his remedy before appropriate criminal court and if he moves any such application before Court in proceedings arising from proceedings under Section 125 Cr.P.C., the same shall be disposed of expeditiously in accordance with law after affording reasonable opportunity of hearing to both parties.
Order Date :- 29.4.2019 Kpy