ANSHU GUPTA Vs. ADWAIT ANAND

JUDGEMENT

(1.) This revision is directed against the judgment and order dtd. 30/3/2013, passed by learned Judge, Family Court, Udham Singh Nagar, whereby the petition made by the minor son of the revisionist for maintenance under Sec. 125 Cr.P.C. was allowed partly and the revisionist (mother of respondent-minor) was directed to pay a sum of Rs.2,000.00 as maintenance to the respondent-minor from the date of filing of the petition for maintenance till the respondent-minor attained majority.

(2.) The petition for maintenance was filed on 25/3/2011 by the respondent-minor through his natural guardian against the revisionist-mother in the court of learned Judge, Family Court, Udham Singh Nagar, which was registered as Miscellaneous Criminal Case No.73 of 2011, Adwait Anand @ Devansh vs. Smt. Anshu Devi, under Sec. 125 of Cr.P.C.

(3.) The facts of the case, as reflected from the petition moved by the respondent-minor through his natural guardian-father are that respondent is son of the revisionist and Nathu Lal, who was born on 6/12/2000, out of the wedlock of revisionist and Nathu Lal, who were married on 7/5/1999, as per Hindu Rites and Rituals. On 23/9/2006, the marriage between the revisionist and Nathu Lal was dissolved, due to their differences. After dissolution of the marriage, respondent-minor was living with his father-Nathu Lal. It was alleged in the petition for maintenance that after the dissolution of marriage, revisionist was never visited the respondent-minor, which deprived the respondent-minor of love and affection of his mother. It was also pleaded in the petition for maintenance that the financial condition of father of respondent-minor deteriorated and he had no means to provide quality education, upbringing and food to the respondent-minor. According to respondent-minor, it is the duty of the mother also along with father to maintain her child. It was further pleaded that as against the financial condition of his father, revisionist-mother was a Government Teacher and was getting at the time of filing of the petition for maintenance about Rs.25,000.00 to Rs.30,000.00 per month as she was posted in primary school Ramnagar. On the basis of the aforesaid averments, respondent prayed Rs.10,000.00 from her mother (revisionist).