DILIP SHARMA Vs. SWATI SHARMA

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of Cr.P.C. against the order dtd. 5/1/2022 passed by the First Additional Principal Judge, Family Court, Raipur in Execution Case (MJC) No. 558/2018, whereby learned Judge has passed the order of maintenance of Rs.3,71,000.00 in favour of the respondents.

(2.) The fact of the case, in short, is that marriage of the petitioner and mother of the respondents namely Smt. Madhulika Sharma was solemnized on 26/1/1999 and out of their wedlock respondents No. 1 and 2 were born on 17/5/2000 and 23/2/2005 respectively and she has been living separately along with the respondents to her maternal house since May 2013. On 7/9/2013 Madhulika Sharma filed an application under Sec. 125 of Cr.P.C. for grant of maintenance before Principal Judge, Family Court Raipur which was registered as MJC Case No. 279/2013 in which learned Family Court vide order dtd. 27/6/2015, passed ex-parte order and granted Rs.5,000.00 per month in favour of Madhulika Sharma and Rs.6,000.00 each, in favour of the respondents. Thereafter, when petitioner came to know about the ex-parte order against him, he preferred the revision petition Registered as Criminal Revision No. 519/2016 and the same was disposed of by this Court vide order dtd. 17/6/2016 with liberty to approach before the Court below by filing an application under Sec. 126(2) of Cr.P.C. In compliance of the order of High Court, petitioner preferred an application under Sec. 126(2) which was allowed by the trial Court vide order dtd. 20/9/2016 and the impugned order dtd. 27/6/2015 was set-aside and a direction was issued to reinstate the original case of 125 Cr.P.C.

(3.) After hearing afresh, learned Family Court, vide order dtd. 22/3/2018, allowed the application for grant of maintenance and awarded Rs.8,000.00 in favour of respondent Swati Sharma and Rs.7,000.00 in favour of respondent Shashank Sharma (total Rs.15,000.00) towards maintenance. Against that order, petitioner preferred criminal revision before this Court, registered as Criminal Revision No. 407/2018 and the same was dismissed vide order dtd. 4/12/2019 affirming the impugned order dtd. 22/3/2018.