Shrishali Ramakrishna Bijapure v. Vidya : (2015) 2 AICLR 83 : (2015) 1 AKR 304 : (2015) ILR (KARN) 2124 : (2015) 3 KCCR 2302 : 2014 LRC Online 783 (Karn)
Section 125-Maintenance to wife-Petition filed under section 19(4) of Family Courts Act against the Judgment and order of Family Court partly allowing the petition filed under section 125 of CrPC -To file a petition under section 125 of CrPC , the status of husband and wife should be there between the petitioner and respondent-Relationship of husband and wife is not in existence between parties in view of judgement dissolving the marriage between them-At the time of disposing of the petition for divorce, the court below has awarded permanent alimony which is duly accepted by the respondent -Respondent is a qualified medical doctor and there is nothing on record to demonstrate that she is not having any avocation or she is not capable to maintain herself-Order allowing petition considering respondent as wife is erroneous and order which is passed is contrary to the very provision of section 125(1)(a) of CrPC-Impugned order set aside-Petition allowed .{Family Courts Act, 1984, Section 19(4)}