GENDLAL DARRO Vs. MONICA DARRO

JUDGEMENT

(1.) This petition has been preferred against order dtd. 6/12/2019 passed by Learned Judge, Family Court, North Bastar, Kanker in Misc. Criminal Case No. 8/2019, wherein learned Family Court granted maintenance of Rs.2,400.00& Rs.1,500.00 per months, respectively to be paid by the petitioner herein to the Respondents.

(2.) The facts leading up to filing of this revision are that the respondents filed an application under Sec. 125 of the Cr.P.C. stating therein that the applicant is a Contractor, who construct the houses on contractual basis. In the year 2016, the applicant was constructing a house, near the house of respondent No. 1 and used to keep construction material like Rapa, Dhamela, etc, in her house, hence, they came in contact and on the pretext of marriage, applicant sexually exploited her, due to which, she got pregnant from him and for being told to marry, he refused to marry. In these circumstances, respondent No. 1 lodged FIR against the applicant under Sec. 376 IPC at Police Station Kanker, therefore, he faced criminal trial. In between, he again showed his willingness to marry with her and being told by applicant and his counsel, she did not support the case of prosecution and as a result thereof, applicant got acquitted in that case. Thereafter, in the month of March, 2018, applicant got married with respondent No. 1 and took her in his house situated at village Kodejuga and there due to physical relation made by the applicant, respondent No. 1 delivered a female child (respondent No. 2). It is further pleaded that since June, 2018, applicant started abusing and quarreling with her and also started living separately from them. On account of which, the respondent No. 1 has filed complaint against the petitioner at Police Station Kanker on 1/2/2019, despite that he is not giving any amount of maintenance for their livelihood. It is also pleaded that the respondents have no source of income for their survival, whereas the petitioner works as Contractor and also has agricultural land, from which he earns Rs.40,000.00, hence, it has been prayed that they may be granted Rs.15,000.00 per month as maintenance for their livelihood from the petitioner/husband.

(3.) By filing reply to the said application, the petitioner has denied the pleadings made by the respondents. He has specifically denied that neither he got married with respondent No. 1 nor respondent No. 2 is his daughter. He has pleaded that respondent No. 1 has falsely implicated him in rape case but the same was not held proved against him and, therefore, he has been acquitted of the said case. He has further pleaded that neither he is contractor nor he has any agricultural land, whereas he is daily-wager and earns only Rs.100.00 - 150/- per day, hence, the application under Sec. 125 of the Cr.P.C. filed by the respondents seeking maintenance from him deserves to be dismissed.