RIPUDAMAN SINGH BAGHEL Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the order dated 31.7.2010, passed by Principal Judge, Family Court, Agra in Case No. 563 of 2006 (Master Manjul @ Mohit and another v/s. Ripudaman Singh Baghel), under Sec. 125 Cr.P.C., Police Station Sadar Bazar, District Agra, whereby the Principal Judge, Family Court, Agra has awarded as interim maintenance Rs. 800/ - per month to each of the two minor children of the revisionist.

(2.) Learned Counsel for the revisionist has questioned the correctness, validity and legality of the impugned order dated 31.7.2010 on the ground that the learned Court below has not applied its mind to the facts that the mother of the children and wife of the revisionist Smt. Mamta Baghel has left her matrimonial home with two minor children on her own will. The revisionist has filed Case No. 75 of 2003 seeking custody of the children, which is still pending. In the aforesaid case, the wife of the revisionist has stated herself that she has sufficient means to maintain the children, as she is working as a Teacher in the Government School. Learned Counsel for the revisionist has argued that Smt. Mamta Baghel is earning Rs. 20,940/ - per month as per information furnished under Right to Information Act, hence the learned Court below has made a gross illegality while awarding interim maintenance to the opposite party Nos. 2 and 3 (both the children).

(3.) On the aforesaid grounds, it has been prayed that this revision be allowed and impugned order be set aside.