KUMARI SHAKUTALA Vs. MAHESH KUMAR TANDON

JUDGEMENT

(1.) By way of the instant revision, the applicant has challenged the order dated 9.1.13 passed in Case No.55/12 by the Principal Judge, Family Court Camp at Mahasamund whereby the Family Court has rejected the application filed under Section 125(3) Cr.P.C seeking grant of maintenance at the rate of Rs.700/- per month which the applicant has been getting since her childhood.

(2.) Facts leading to the instant case are that the applicant has been getting maintenance from the non-applicant right from the stage when she had attained the age of 5 years and since then she has been getting initially an amount of Rs.300/- per month which has been subsequently enhanced to Rs.500/- and finally vide order dated 13.7.11, the said amount has been enhanced to Rs.700/-. However, the non-applicant stopped paying the maintenance to the applicant w.e.f 14.2.12.

(3.) It was at this juncture, the applicant had moved an application under Section 125(3) Cr.P.C for a direction from the Family Court for releasing an amount of Rs.4,200/- towards maintenance for the last 6 months. The non-applicant had also entered appearance before the court below. However, the court below, vide impugned order dated 9.1.13, has held that since there is a specific provision under Section 125(3) Cr.P.C wherein the proviso to the said section says that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority.