ROHIT VERMA Vs. GANGA SAGAR

JUDGEMENT

(1.) The present Criminal Revision has been preferred by the Applicant assailing the order dtd. 1/10/2016 passed by the First Additional Principal Judge, Family Court, Durg in Misc. Criminal Case No. 78 of 2015, whereby the Court below in a proceeding under Sec. 125 of CrPC has allowed the application and has ordered for payment of Rs.1500.00 each as monthly maintenance to Non-applicants No. 1 and 2.

(2.) Learned Counsel for Applicant very fairly submits that the present revision has been preferred only assailing the grant of maintenance to Non-applicant No.1 in whose favour the Applicant has already an order under the Guardianship Act and the mother of Non-applicant No.1 was not letting the Applicant the guardianship over Non-applicant No.1 and therefore he should not be forced to provide maintenance as has been ordered by the Court below. He submits that it is a case where both Non- applicants No. 1 and 2 are the children of Applicant and the Non-applicant No.2 being a minor daughter was under the guardianship of the mother and as far as the Non-applicant No.1 is concerned there was an order of guardianship in favour of the present Applicant vide Exhibit D-2 produced before the Court below.

(3.) Counsel for the Applicant further submits that he had made efforts for getting the said order executed, however, on each occasion the mother of Non-applicant No.1 would create hurdles and obstacles from getting the custody of Non-applicant No.1. According to him, even today the present Applicant is willing to keep Non-applicant No.1 as per the order of the Court below and take care of him and would be able to provide him better sustenance, but it is the mother who is refusing to part with the Non- applicant No.1 forcefully.