AARTI BAI Vs. DEVENDRA KUMAR KAUSHIK

JUDGEMENT

(1.) The instant revision is directed against the order dated 30.12.2013 passed by the Judge, Family Court, Kabirdham in M.Cr.C. No.13 of 2013, whereby the Family Court has rejected the application under Section 125, Cr.P.C. with regard to the Applicant No.1 and allowed the application with regard to Applicants No.2 and 3 and granted each of them monthly maintenance of Rs.3,000/-, total Rs.6,000/-.

(2.) It is not in dispute that Applicant No.1 is legally wedded wife of the Respondent and Applicants No.2 and 3 are their legitimate children. It is also not in dispute that presently all the Applicants are residing separately from the Respondent.

(3.) As pleaded by the Applicants, marriage of Applicant No.1 was solemnised with the Respondent on 3.6.1994 and out of their wedlock, Applicants No.2 and 3 took birth. Applicant No.1 lived happily with the Respondent for about 2 years. Thereafter, she was being subjected to harassment by the Respondent and his family members. They used to demand a motorcycle or cash from her. 2 years prior to filing of the application under Section 125, Cr.P.C., she was expelled out from her matrimonial house after beating. Since then she is residing separately along with her children/Applicants No.2 and 3. Applicant No.1/wife is unable to maintain herself. The Respondent is employed as an Electrician in Bhilai Steel Plant and is getting monthly salary of Rs.35,000/-. He also owns an agricultural land measuring about 12 acres at Village Gochhiya, District Kabirdham.