LAWS(CHH)-2021-9-86

ARCHANA GAUTAM Vs. HEMANT KUMAR DESHMUKH

Decided On September 09, 2021
Archana Gautam Appellant
V/S
Hemant Kumar Deshmukh Respondents

JUDGEMENT

(1.) Since both the above revision petitions arise out of same order, they are heard together and disposed of by this common order.

(2.) Both the revisions have been preferred challenging the correctness, legality and propriety of the order dtd. 23/10/2019 passed by the 1st Addl. Principal Judge, Family Court, Durg (CG) in Misc. Cr. Case No. 65/2017 (CIS No. 1290/2016), allowing the application filed by the applicants Smt. Archna Goutam and Anjneya in CR.R. No. 1531/2019, they are non-applicants in CRR No. 61/2020 and hereinafter referred to as 'wife' and 'son' respectively, under Sec. 125 of the Criminal Procedure Code, 1973 (in short 'Cr.P.C.') and granting maintenance to them to the tune of Rs.15,000.00 and Rs.10,000.00, respectively against the non-applicant in CRR NO. 1531/2019 and applicant in CRR No. 61/2020 (hereinafter referred to as 'husband').

(3.) It is not in dispute in this case that wife and husband are legally wedded with each other and Anjneya is their son. The only ground which the wife and the son have raised in their revision is that amount of maintenance granted by learned Family Court is not proper, therefore, they have prayed for enhancement of maintenance amount, whereas the husband has not challenged the amount of maintenance granted to their son Anjneya, but has challenged in his revision that wife is living separately from him without any sufficient reason and looking to his limited income, amount of maintenance granted to the wife who is well educated lady and also having so many properties, is on higher side, therefore, the order impugned pertaining to wife be set aside or the amount of maintenance be reduced suitably.