BIRENDRA KUMAR TIWARI Vs. KU. NEETU TIWARI

JUDGEMENT

(1.) This revision has been preferred against the order dtd. 24/9/2022 passed by Principal Judge, Family Court, Raipur in Misc. Criminal Case No.311/2022 whereby applicant was directed to pay interim maintenance to the tune of Rs.5000.00 to the respondent.

(2.) Shri Yatharth Singh would submit that respondent is the daughter of the applicant and she is 24 years old matured girl. He further submits that she is living separately from her parents without any rhyme or reason and the family members are willing to keep her with thems but she is not ready to stay with them. The applicant is working as driver and earning Rs.38,020.00 per month. However, due to personal loan, Rs.14,366.00 gets directly deducted from his salary. He would further submit that applicant's wife is suffering from paralysis and including wife he has liability of 3 children in which one child is going to the college whereas other two are school going children. He would also submit that during lockdown period applicant's daughter came under the influence of one person namely Animesh Sinha and since then without any consent of the parents she is living with him.

(3.) Counsel further submits that there is no averment that the respondent is suffering from any physical or mental abnormality or injury or unable to maintain herself, so she is not entitled to get maintenance under Sec. 125 Cr.P.C. In this regard he would place reliance in the matter of Abhilasha Vs. Prakash and others reported in (2020) AIR SC 4355.