VINITA CHANDRA Vs. SWARAJ CHANDRA

JUDGEMENT

(1.) This criminal revision has been brought challenging the correctness, propriety and legality of the order dated 25-01-2018 passed in MJC, Misc. Criminal Case No. 72/2016 by the Family Court Janjgir, Dictrict Janjgir-Champa dismissing the application of applicant No.1/revisioner No.1 under Section 125 of the Cr.P.C., however, allowing the application for applicant No.2/revisioner No.2 under Section 125 of the Cr.P.C. and granting maintenance of Rs.2,000/- per month.

(2.) It is submitted by learned counsel for the applicants/revisioners that dismissal of the application of applicant No.1 was totally erroneous and illegal. The applicant No.1 had proved by bringing evidence that she was compelled to live in her parental house because of the cruel treatment of the respondent. Therefore, the finding, that she is living separately without any sufficient cause, is totally incorrect. It is further submitted that maintenance granted to applicant No.2 of Rs.2000/- per month is meager amount and not sufficient to meet the needs of the applicant No.2. The respondent is a man of means and he is capable to make payment of maintenance to the applicants, which may be sufficient for their maintenance and upkeep. Therefore, it is prayed that the impugned order be modified. The prayer of applicant No.1 may be allowed and she may be granted relief of maintenance and the amount of maintenance granted to applicant No.2 may also be enhanced suitably.

(3.) Learned counsel for respondent opposes the submission and submits that the learned family Court has not committed any error in dismissing the application of the applicant No.1 and granting maintenance of Rs.2000/- to applicant No.2, which needs no interference. It is also submitted that respondent has obtained decree of divorce against applicant No.1 in Civil Suit No.182A/2018 by judgment dated 17-02- 2020, which further shows that the applicant No.1 has no entitlement for grant of maintenance. It is mentioned in the judgment in divorce case that the respondent had a decree in his favour under Section 9 of the Hindu Marriage Act. Applicant No.1 failed to comply with the decree which further goes to show that applicant No.1 is living separately without any sufficient cause. Hence, this revision petition is without any substance which may be dismissed. Reliance has been placed on the order passed by this Court in Criminal Revision No.728/2013 (Smt. Ritu Jangade Vs. Maleshwar Jangade) on 17-01- 2014.