BABUL NISHA Vs. MOHD. RAFIQUE

JUDGEMENT

(1.) Heard learned counsel for the revisionists, learned counsel for the respondent and perused the material on record.

(2.) The present revision has been filed challenging the judgment and order dated 9.2.2017 passed by the Family Judge, Family Court District Bahrich whereby the application filed by the revisionist for grant of maintenance under Section 125 Cr.P.C. has been rejected whereas on behalf of revisionist no.2, the same has been accepted granting an interim maintenance of Rs.200/- per month and subsequently increased the same to Rs.1500/- per month only in respect of revisionist no.2.

(3.) The facts which gave rise to the allegation which lead to passing of the order that revisionist filed an application before the Family Judge, Family Court, Bahraich claiming that she got married to the respondent two years ago and after the marriage she remained with the respondent and gave birth to a girl child who is living with the revisionist no.1. It was further alleged that on account of marital discord she informed her parents in May 2005 that she was being ill treated and with the help of Police she was returned from the matrimonial home and started living with her father, she specifically stated that her father is a poor person and thus, it was difficult for her to maintain herself and the child. It was further alleged that the respondent is a Salesman in some shop at Mumbai and has a monthly income of Rs.10,000/- per month as well has a lot of agricultural holdings, thus, she claimed maintenance for herself and her daughter at the rate of Rs.3,000/- per month.