The factual aspects of the case reveal that the petitioner is the husband of the respondent no. 2 and out of the said wed-lock, a child was born who has been arrayed as respondent no. 3 in the present application. On account of deterioration in the relationship between the petitioner and the respondent no. 2, a suit was preferred for dissolution of marriage by the petitioner being Matrimonial Case No. 724 of 2017 before the learned Principal Judge, Family Court, Patna on the ground of desertion and cruelty. In the said suit for dissolution of marriage, the respondent no. 2 had filed an application for grant of pendente-lite maintenance under Section 24 of Hindu Marriage Act and in the said application, an order was passed on 16.08.2018 in which the petitioner was directed to make payment of a sum of Rs. 5,000/- per month as maintenance to the respondent no. 2 and Rs. 2,000/- to the respondent no. 3. During the pendency of the application preferred under Section 24 of Hindu Marriage Act, the petitioner had filed a petition before the learned Principal Judge, Family Court, Ranchi in Original Maintenance Case No. 37 of 2018 challenging the maintainability of the application preferred under Section 125 Cr.P.C.
