LAWS(CHH)-2021-3-62

NANIRAM Vs. NIRBATI

Decided On March 15, 2021
Naniram Appellant
V/S
Nirbati Respondents

JUDGEMENT

(1.) This revision petitions has been preferred against order dated 23.01.2020 passed by the learned Judge, Family Court, Bastar at Jagdalpur (C.G.) in Miscellaneous Judicial Case No. 73/2018, granting monthly maintenance of Rs. 2500/- to the respondent.

(2.) It is submitted by learned counsel for the applicant, that the impugned order is erroneous, which is liable to be set aside. It is further submitted that the applicant is labourer, whereas, the respondent herself works as labourer and earns equal to the applicant. The applicant has also responsibility to maintain his old aged parents, therefore, he has been unnecessarily burdened by the order of maintenance passed by the Family Court. It is prayed that his version in the proceeding under Section 125 of the Cr.P.C. was not at all considered, hence, the impugned order suffers from infirmity, which may be set aside and this revision petition be allowed.

(3.) Learned counsel for the respondent opposes the submissions and submits that the learned Family Court has passed the order correctly, which needs no interference of this Court. It has been held that the respondent is unable to maintain herself, therefore, she has entitlement to receive maintenance from the applicant. Hence, this revision petition is without any substance, which may be dismissed.