SAJEEV KUMAR Vs. DHANYA

JUDGEMENT

(1.) THIS revision petition challenges a direction under Section 125, Cr.P.C. issued by the Family Court to the petitioner to pay maintenance @ Rs. 1,500 and Rs. 750 per mensem respectively to his divorced wife and child.

(2.) THE fundamental facts are not disputed. The marriage is admitted. The divorce under Ext. B1 order of the Family Court is also admitted. That divorce was granted on the ground of desertion by the wife is also not disputed. After the divorce, the divorced wife claimed maintenance under Section 125, Cr.P.C. as she continues to be a deemed wife under Explanation (b) to Section 125, Cr.P.C.

(3.) PARTIES went to trial on these contentions. The claimant/wife examined herself as PW1 and proved Exts. P1 and P2. The petitioner was not available for examination as at the relevant time, he was not in India and was at some place abroad. His father and power -of -attorney was examined as CPW1. Exts. B 1 and B 2 were marked on his side.