SHIKHA SHARMA Vs. SOMIT SHARMA

JUDGEMENT

(1.) Applicants have filed this criminal revision being aggrieved by order dtd. 22/8/2013 passed in MJC No. 128/2011, by First Additional Principal Judge, Family Court Jabalpur (Smt. Shashikiran Dubey).

(2.) Application filed by applicants under Sec. 125 of the Code of Criminal Procedure for grant of maintenance to them was dismissed by Family Court. Family Court has given a finding that non-applicant wants to keep applicants with him. He also get himself transferred to Mumbai and arranged for residence of applicants, but applicants themselves did not went to Mumbai to live along with non-applicant. It was held that non-applicant was earning money by working in a Private Company. He was getting salary of Rs.26,500.00. Applicant No.1 is an educated lady and she has studied MBA and from Sagar University has done Master of Journalism and Communication, therefore, presumption was drawn by Family Court that she is able to maintain herself. Family Court further held that applicant no.1 is in possession of ATM Card of SBI Bank and she has also withdrawn money from that account. Non applicant has also given interim maintenance amount to applicant No.1 till January, 2014 and even when application filed under Sec. 125 of the CrPC was dismissed then also non- applicant continued to pay maintenance amount. In these circumstances, Family Court held that non applicant did not neglect maintenance of applicant No.1. Family Court has also given a finding that there was differences between parents of non-applicant and parents of applicants. Non-applicant has not harassed applicants. There was differences between the parents of bride and groom. On aforesaid reasoning, application filed by applicants for grant of maintenance was dismissed.

(3.) Perused the record of case and also examination and cross examination of witnesses.