KHILAWAN SAHU Vs. DHANESHARI SAHU

JUDGEMENT

(1.) By way of the present Revision Petition, the Applicant has assailed the impugned order dtd. 15/12/2015 passed by the Family Court, Mahasamund in Misc. Criminal Case No.15/2015. Vide the said impugned order, the Court below has, in a proceeding under Sec. 125 Cr.P.C, allowed the same and had ordered for maintenance of Rs.2,000.00 each to Non-Applicants No.1, 3 & 4.

(2.) However, the Court below has refused to grant maintenance to Non- Applicant No.2 on the ground that pending the dispute before the Court below, he has attained the age of majority and therefore, it was held that he is dis-entitled for maintenance.

(3.) Learned Counsel for the Applicant submits that the order passed by the Court below is bad in law for the reason that firstly, the Court below has not properly appreciated the fact that the Applicant himself has given a house for the Non-Applicants to stay and in addition, the Non-Applicants have also been provided with more than 4 acres of land which was sufficient for sustaining themselves. He further submits that these 4 acres of land was in fact given at the instance of the village elders so that Non-Applicant/wife and her children can sustain themselves by cultivating the said 4 acres of land. He further submits that the Court below has not appreciated the fact that the present Applicant was working only as a chowkidar and was just getting a salary of Rs.5,000.00 per month and the maintenance amount awarded by the Court below is much higher than what he earns and therefore, the order deserves to be quashed.