RAMBABU Vs. SMT. BHAGWATI DEVI

JUDGEMENT

(1.) The petitioner, Rambabu, is aggrieved by the order dated 28.11.2011 passed by the Civil Judge [Junior Division] & Judicial Magistrate, Dudu, District Jaipur, whereby the learned Magistrate had granted an interim maintenance of Rs. 1500.00 per month to the respondent, Smt. Bhagwati Devi. The petitioner is also aggrieved by the order dated 03.10.2012 passed by the Additional Sessions Judge, Sambhar Lake, District Jaipur, whereby the learned Judge has dismissed the appeal filed by the petitioner, and has upheld the order dated 28.11.2011.

(2.) Mr. Umashanker Pandey, the learned counsel for the petitioner, contends that after the passing of both these orders, he has discovered that his wife Smt. Bhagwati, in fact, has been living with one Gordhan. Therefore, she is not entitled to seek any maintenance from the petitioner. In order to buttress this contention, he has submitted certain documents before this Court. However, he also pleads that the petitioner has already filed an application dated 11.07.2013 before the concerned Magistrate praying that the order dated 28.11.2011 should be modified in the light of the fact that the complainant-wife is living with one Gordhan. According to the learned counsel, the said application is still pending.

(3.) Considering the fact that the application has already been filed for modification of the impugned order dated 28.11.2011, the petitioner cannot be permitted to do forum shopping. Therefore, this petition is rather premature. Hence, it is, hereby, dismissed.