VIMAL KUMAR VERMA Vs. KAVITA VERMA AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the revisionist and learned AGA for the State, and perused the record.

(2.) This criminal revision under Section 397/401 Cr.P.C., has been filed against judgment and order dated 6.11.2017 passed by Principal Judge, Family Court, Jalaun at Orai in Criminal Misc. Case No. 40/2016(Smt. Kavita Verma and another vs. Vimal Kumar Verma) whereby application of opposite party Nos. 2 & 3 namely Smt. Kavita Verma(wife) and Ansh (son) under Section 125 Cr.P.C. has been allowed and revisionist was directed to pay Rs.8000/- per month to his wife and Rs.5000/- per month to his son.

(3.) Learned counsel for the revisionist submitted that maintenance awarded by the Court below is higher and his wife/opposite party no.2 is not willing to live with him, hence no maintenance can be awarded to her and son. Opposite party no. 2 is highly educated and is able to teach children and she has source of income. It has also been argued that wife/opposite party No.1 did not obey judgment and decree dated 27.11.2017 passed in Marriage petition no. 52/2016 under Section 9 of Hindu Marriage Act, against which she has filed First Appeal No. 57/2018 under Section 19 of Family Court and the same is pending; hence finding of impugned order dated 6.11.2017 passed by Family Court is incorrect.