KHORBAHRA SAHU Vs. URMILA DEVI SAHU

JUDGEMENT

(1.) The present Criminal Revision under Section 19(4) of the Family Courts Act read with Section 397/401 of CrPC, has been filed by the Applicant assailing the order dated 18.7.2016 passed by Family Court, Bilaspur, in Misc. Criminal Case No. 549 of 2014.

(2.) Vide impugned order dated 18.7.2016, the Court below in a proceeding under Section 125 of CrPC has allowed the application and ordered the present Applicant for payment of Rs.5000/- to Non-applicant No.1 and Rs.3500/- each to Non-applicants No. 2 and 3 as maintenance, totaling to Rs.12,000/- to be paid to the Non-applicants every month.

(3.) Counsel for the Applicant submits that so far as the grant of maintenance to Non-applicants No. 2 and 3 is concerned, he does not have any dispute in this regard and he is ready to pay the said amount to them. However, he is aggrieved only of the grant of maintenance to Non-applicant No.1 to the tune of Rs.5000/-. According to the Counsel for the Applicant, the order of the Court below is bad in law, for the reason that the Court below has not appreciated the fact that Non-applicant No.1/wife has left the matrimonial home for no fault of the applicant/husband and that she has left the matrimonial home without any justified reasons. He further submits that it is a case where the family life of the Applicant went on for 23 years before the Non-applicant No.1 had left the matrimonial home. He next submits that the Applicant is still willing to keep the Non-applicant No.1 as his wife and his children, but it is the adamant approach of the Non-applicant No.1 for which she has left the matrimonial home. He further submits that there was no major dispute between the parties and it was only petty issues which were there between the parties, which can never be a ground for the Non-applicant No.1 to leave the matrimonial home and which is not a justified reason for leaving the matrimonial home. Therefore, the Non-applicant No.1 was not entitled for maintenance and the impugned order deserves to be set aside/quashed to that extent.