SANGEETA RATHORE Vs. NARESH RATHORE

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner under Sec. 19(4) of Family Court Act, 1984 being aggrieved by the judgment dtd. 4/8/2018, passed in M.Cr.C. No.13/2016, by learned Principal Judge, Mandsaur whereby the learned Family Court has rejected the application filed under Sec. 125 of Cr.P.C on the ground that applicant/wife has failed to prove that she being the legal wife of the respondent/husband is liable to receive the maintenance.

(2.) The fact in brief are that the petitioner filed an application under Sec. 125 of Cr.P.C. for grant of maintenance and pleaded that three years ago the marriage of the petitioner was solemnized with respondent according to Hindu rites and rituals. Thereafter the respondent and his family members started harassing her for not fulfilling their demand of dowry also tortured by aborting her issue twice. The respondent had illicit relation with one Seema and on 8/3/2016, the respondent alongwith Seema have assaulted the applicant. The respondent being Government Teacher, is earning Rs.30,000.00 per month. He also has agricultural land measuring two Beegha from which also he earns income. He also has his own house and shops at Mahidpur Road and from the rent of shops, he earns Rs.6,000.00 per month. Therefore, in total, the respondent is earning Rs.38,000.00 per month. The applicant is only a homemaker and is an unemployed person, therefore, she has filed application under Sec. 125 of Cr.P.C for maintenance which has been dismissed by the Family Court, therefore, this revision has been filed by the applicant.

(3.) Learned counsel for the respondent has opposed the prayer made by the applicant and submitted that the trial Court has rightly dismissed the application filed under Sec. 125 of Cr.P.C. It is further submitted that since the petitioner is already married to another person, she cannot claim maintenance from person with whom she lived for some time. Hence prayed for rejection of this revision petition.