MOHAN SINGH MAWRI Vs. HARIPRIYA MAWRI

JUDGEMENT

(1.) Criminal revision no. 34 of 2011 has been preferred by the revisionist-husband against the order dated 29.01.2011, passed by learned Judge, Family court, Nainital, in Misc. criminal case no. 54 of 2009, Smt. Haripriya Mawri and another vs Mohan Singh Mawri, whereby learned Judge, Family Court has directed the revisionist-husband to pay a sum of Rs. 12,000/- as maintenance under Section 125 of Cr.P.C. from the date of filing of the application.

(2.) Criminal revision no. 77 of 2011 has been preferred by the wife against the judgment and order dated 29.01.2011, passed by learned Judge, Family court, Nainital, in Misc. criminal case no. 54 of 2009, Smt. Haripriya Mawri and another vs Mohan Singh Mawri, feeling aggrieved with the insufficiency of maintenance awarded to her.

(3.) Brief facts of the case are that marriage between Mohan Singh Mawri and Smt. Haripriya was solemnized on 15.01.1990 and one male child Khelendra Singh was begotten out of said wedlock on 27.10.1990. After marriage, differences crept in the matrimonial life of the parties. In the month of April 1991, the husband committed maar peet with his wife and ousted her from the house along with the infant. Since the husband was not maintaining the wife and the son properly, the wife was constrained to file application under Section 125 of Cr.P.C. on 04.04.2009, claiming maintenance for herself and his son. It was mentioned by the wife in the application filed under Section 125 of Cr.P.C. that the husband is getting salary of Rs.65,000/- per month, therefore, an amount of Rs. 20,000/- per month as maintenance be awarded in favour of her and son.