MAHESH NAPHADE Vs. KIRTI NAPHADE

JUDGEMENT

(1.) This criminal revision under Sec. 397/401 of Cr.P.C has been preferred against the order dtd. 24/7/2013 passed by the Principal Judge, Family Court, Khargone, Bhopal in M.Cr.C.No.51/2013 whereby the Court directed the petitioner to pay maintenance allowance under Sec. 127 of Cr.P.C to the respondent no.2 at the rate of 8,000/- per month from the date of application 29/1/2013.

(2.) It is not in dispute that the applicant is husband of respondent no.1 and respondent no.2 is their minor son. It is also not in dispute that earlier the learned Family Court awarded Rs.1500.00 as maintenance allowance in favour of respondent no.2 who was aged about 12 years at the time of institution of M.Cr.C.No.51/2013.

(3.) The applicant challenged the impugned order on the grounds that the amount is very excessive. The Family Court has wrongly disbelieved his salary slip and statement of his loan accounts, which were considered by the Court while granting maintenance allowance at the rate of 1500/- to respondent no.2. The brother of the applicant is lunatic. The loan was provided by his another brother (Yogesh). The applicant earns only Rs.16000.00 17000/- as salary. Hence, he prayed to set aside the impugned order.