SYED IMRAN ALI Vs. NAGMA YASMIN

JUDGEMENT

(1.) In this revision, original respondent - husband has taken exception to order dtd. 30/4/2024, passed by Family Court, Parbhani, in Petition-E No. 139 of 2022, partly allowing proceeding seeking maintenance under Sec. 125 of Code of Criminal Procedure (for short, "Cr.P.C.").

(2.) Learned counsel for applicant pointed out that present revision applicant and respondent no. 1 are husband and wife and present respondent no. 2 is their daughter. It is submitted that, for no just and proper cause and reason, respondent no. 1 left the company of applicant alongwith daughter and instituted proceeding under Sec. 125 of Cr.P.C. It is further submitted that learned Trial Court, firstly, failed to consider and appreciate that respondent no. 1 had herself left the company of applicant, even when he was ready and willing to take care and maintain her as well as their daughter. By levelling false allegations, respondent no. 1 instituted several proceedings.

(3.) Learned counsel for applicant further submitted that, respondent no. 1 was of quarrelsome nature and she instituted proceedings under Sec. 498A of Indian Penal Code and also under the provisions of Protection of Women from Domestic Violence Act, 2005. He further submitted that present applicant was merely working in the cloth shop owned by RW2 and was paid Rs.300.00 by way of daily wages. However, applicant averred that merely on the claim of respondent-wife that, he owns other shops as well as cloth shop, exorbitant maintenance has been claimed. It is pointed out that merely on the basis of screenshots of online payment received on the mobile phone of applicant, impugned order has been passed. Thus, according to learned counsel for applicant, there is improper appreciation of evidence and hence, he prays for indulgence by allowing the present revision application.