PUSHPA THAKUR Vs. BHAGWANDAS BHAVEDI

JUDGEMENT

(1.) The applicants/wife and the son of the respondent have preferred this revision for further enhancement of the sum being dissatisfied with the order dated 25.4.2011 passed by IInd Principal Additional Judge of Family Court Jabalpur in MJC No. 35/07, whereby allowing their application filed under Section 125 of Cr.P.C., the respondent has been directed to pay only Rs. 600/- per month to the applicant no. 1 and Rs. 200/- per month to applicant no. 2. The applicant no. 1 being wife of respondent on her own behalf and on behalf of minor son, the applicant no. 2, filed an application against the respondent under Section 125 of Cr.P.C. with a prayer to direct the respondent to pay them the sum of monthly maintenance for their livelihood. As per averments of the application, the applicant no. 1, got married with the respondent no. 1 in accordance with Hindu rites and rituals on 27.1.2004. Out of such wedlock, the applicant no. 2 was borne on 20.6.2005. As per further averments, subsequent to marriage, the applicant no. 1 was subjected to harassment and cruelty in the matrimonial home by the respondent where she was also treated to be the servant of the family and even in her pregnancy period, she was subjected to same harassment and cruelty by the respondent and his other family members. In continuation of such activities, by taking all her belonging she along with the applicant no. 2, the minor son was ousted from the matrimonial home without any sufficient cause and since then under compulsion, they were residing in the parental home of the applicant no. 1. It is also stated that the respondent did not make any effort to bring them back to his home and in such premises, they have neglected and refused by the respondent. It is further stated that the applicant no. 1 being household lady, is not having any source of income and the applicant no. 2 being minor, is not in a position to earn. In such premises, they are in need of sum for maintenance from the respondent. As per further averments, the respondent is involved in the business of contractor of furniture, and of maintenance of the houses. Besides this, he is having the house property and agricultural land and from all sources, he is earning near about Rs. 10,000/- to Rs. 12,000/- per month. With these submissions, the prayer for appropriate direction to the respondent to pay the maintenance at the rate of Rs. 3000/- per month to the applicant no. 1 and Rs. 2,000/- per month to applicant no. 2, is made.

(2.) In reply of the respondent, the factum of the marriage and birth of the applicant no. 2 from such wedlock are admitted while, the allegations regarding harassment and cruelty committed by the respondent with the applicant have been denied. It is also stated that the applicant no. 1 along with her son-applicant no. 2, is residing, separately from the respondent, in her parental family without any sufficient cause while, the respondent was always remained ready and willing to keep them with him in his family. It is stated that he did not have any business of the contractor-ship or maintenance of the houses and in such premises, he is not having any income from such alleged business. The averments regarding income from the agricultural field is also denied. As per further averments, the respondent is working as daily wage labour at Bhopal and out of which, his income is not so high to pay the amount of maintenance as prayed by the applicants. Some other allegations have also been made against the applicant no. 1 in the reply and the prayer for dismissal of the application was made.

(3.) In view of the aforesaid pleadings of the parties, some issues were framed by the trial Court on which, the evidence was adduced by the parties. On appreciation of the same, by allowing the applicants' application in part, the respondent was directed to pay them Rs. 600/- per month and Rs. 200/-per month respectively to the applicant no. 1 and applicant no. 2 for their maintenance. Being dissatisfied with the impugned order, the applicants have come to this Court with this revision for further enhancement of such sum in accordance with their prayer made in the application filed under Section 125 of Cr.P.C.