VIJAY KUMAR Vs. UMA

JUDGEMENT

(1.) VIDE order dated 8.7.2003, the JMFC Multai District Betul in MJC No. 101/2001 granted a maintenance of Rs. 400/ - per month to son of the respondent but the application of the respondent under Section 125 of the Cr.P.C. was dismissed. In Criminal Revision No. 86/2003, the learned Additional Sessions Judge Multai, District Betul vide order dated 3.7.2004 has granted a maintenance @ of Rs. 1700/ - per month to the respondent. Being aggrieved with the aforesaid orders, the applicant has preferred the present revision.

(2.) FACTS of the case in short are that the respondent had filed an application under Section 125 of the Cr.P.C. before the trial Court that her marriage took place with the applicant on 29.4.1992. Thereafter, their son Akshay had born. For few days, she was kept with comfort and thereafter, the respondent was being harassed for dowry demand and thereafter, she was sent to the house of her father. She pleaded about the income of the applicant and expenditure of herself and her son therefore, she has claimed the maintenance of Rs. 4,000/ - and Rs. 2,000/ - per month for herself and her son respectively.

(3.) THE JMFC found that the respondent had no ground to reside separately and therefore, she was not entitled to get any maintenance therefore, the maintenance application of the respondent was dismissed. The revisionary Court found that the divorce took place between the parties during the pendency of the application and therefore, the respondent was entitled to get the maintenance as a divorcee wife. Consequently, the maintenance of Rs. 1700/ - per month was granted by the revisionary Court.