SAVITRI BAI PRAJAPATI Vs. GORELAL PRAJAPATI

JUDGEMENT

(1.) By way of the instant criminal revision, the applicants have challenged the order dated 27.05.2013 passed by the Family Court, Korba in M.J.C. No. 87/2011. By way of the said judgment dated 27.05.2013 the learned Family Judge has partly allowed the application filed by the applicants under Section 125 of Cr.P.C. and ordered the non-applicant for payment of Rs. 3,000/- per month to applicant No. 1 as maintenance. Facts leading to the instant case are that applicant No. 1 is wife and applicant No. 2 is unmarried daughter of the present non-applicant. Further case of the applicants is that for the last few years the non-applicant has not been maintaining the applicants and therefore finding it very difficulty to sustain themselves, the applicants had filed an application u/s. 125 of Cr.P.C. before the Family Court, Korba seeking maintenance from the non-applicant.

(2.) The learned Family Court, Korba after considering the evidences that have come on record and the contentions put forth by the parties, vide its order dated 27.05.2013 has partly allowed the claim of the applicants for grant of maintenance and ordered that applicant No. 1 shall be entitled to get maintenance of Rs. 3,000 per month from the non-applicant.

(3.) At the same time while disposing of the M.J.C., the learned Family Court has rejected the claim of applicant No. 2 for grant of maintenance taking into consideration the fact that applicant No. 2 is aged about 30 years. Since applicant No. 2 is a major lady and has not been able to establish the fact that she is not able to maintain herself, the Court below has rejected her claim of maintenance.