KAVITA LAKHERA Vs. NIRMAL LAKHERA

JUDGEMENT

(1.) This criminal revision under Sec. 19(4) of the Family Court Act read with Sec. 397/401 Cr.P.C.is preferred against the order dtd. 25/7/2019 passed by the learned Principal Judge, Family Court, Neemuch in M.Cr.C.No.83/2018 whereby an application under Sec. 125 of Cr.P.C. filed by the petitioner no.1 has been rejected and the learned Family Court has awarded Rs.1,500.00 per month as maintenance to petitioner no.2.

(2.) The brief facts of the case are that admittedly, petitioner no.1 and petitioner no.2 are the wife and daughter of respondent/husband. The petitioner no.1 and respondent was married on 30/1/2015 and out of the wedlock, petitioner no.2-daughter was born. The petitioner no.1 filed an application under Sec. 125 of Cr.P.C. before the Family Court claiming Rs.10,000.00 per month for herself and Rs.5,000.00 per month for daughter respectively.

(3.) It is undisputed that respondent had filed a civil suit under Sec. 9 of the Hindu Marriage Act and in this civil suit on 6/2/2018 after conciliation proceedings petitioner no.1 became ready to live with the respondent/husband and respondent/husband will take a house on rent at Neemuch for petitioners and he will maintain them. On 23/3/2018, petitioner no.1/wife filed an application (Ex.P-2) before the Superintendent of Police, Neemuch regarding harassment and cruelty caused by respondent/husband. The learned Family Court after recording the evidence of both the parties has partly allowed the application of petitioner no.1/wife by awarding Rs.1,500.00 per month as maintenance to petitioner no.2/daughter.