AJIT KUMAR NIRMALKAR Vs. PUNIYA BAI NIRMALKAR
HIGH COURT OF CHHATTISGARH
AJIT KUMAR NIRMALKAR
PUNIYA BAI NIRMALKAR
Referred Judgements :-
GOVERDHAN V. SMT. PANCHKUNWAR
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(1.)HEARD on admission.
(2.)BY way of this Writ Petition filed under Article 227 of Constitution of India, the petitioners have challenged the validity of the order dated 1-2-2008 passed by the 1st additional Principal Judge, Family Court, durg, in Case No. 412/2007, whereby, the said Court rejected the objection (LA. No. 05) filed by the petitioners/non-applicants contending that the proceedings under section 125 of the Code of Criminal Procedure instituted by the respondent through her next friend cannot be prosecuted.
(3.)THE brief facts are that the petitioners are sons of the respondent. The respondent-mother filed an application under Section 125 of the Code of Criminal Procedure for grant of monthly maintenance before the family Court, Durg vide Case No. 412/2007. The application was filed through her next friend namely Hariram Nirmalkar, who is her son-in-law. It was shown that the respondent was not a person of sound mind; therefore, she has filed the application through her next friend. A perusal of the impugned order would show that the aforesaid application was filed along with the medical reports of Dr. Menak Deb Sikandar and Dr. A. K. Vishwas. It is in this application, the aforesaid objection (I. A. No. 5) was taken and the same was overruled.
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