SHATRUGHNA UPADHYAY Vs. NEETI UPADHYAY

JUDGEMENT

(1.) THIS revision petition under Section 19(4) of the Family Courts Act, 1984 (for short "Act") has been filed by the applicant being aggrieved by the order dated 30.11.2011 passed by 2nd Additional Principal Judge, Family Court, Jabalpur in MJC No. 186/2007 thereby an amount of Rs. 2000/ - per month has been awarded to non -applicant No. 1/wife and Rs. 1000/ - per month to non -applicant No. 2/son towards maintenance allowing the application under Section 125 Criminal Procedure Code (for short "Cr.P.C.").

(2.) UNDISPUTED facts of the case are that marriage of applicant was solemnized with non -applicant No. 1 on 15.6.2002 by Hindu sacrament at Jabalpur. Out of the said wedlock, non -applicant No. 2 was born on 30.5.2003. In the application under Section 125 Cr.P.C, it is alleged by non -applicant No. 1 that after solemnization of their marriage and giving birth to a child, the applicant started demanding Maruti Car and due to non -fulfillment of the same, non -applicant No. 1 was subject to cruelty & harassment. She was not allowed by her husband to meet their parents. She was subjected to threat to the extent of committing suicide & taking signature of the applicant. She started to reside separately since 2003 with their parents. Narrating various other incidents of cruelty & harassment, it is urged by the non -applicant No. 1 that now it is not possible to live with the applicant, who is earning Rs. 15000/ - per month working in the capacity of an Agent in the establishment of Regional Transport Officer for registration of the vehicles. However, Rs. 5000/ - per month by way of maintenance was preferred.

(3.) LEARNED Trial Court has considered the issue whether non -applicant No. 1/wife is residing separately without any sufficient reason or she refuses to live with the applicant. In this respect, considering the evidence brought on record, finding has been recorded by the Trial Court that after leaving his first wife, the applicant is residing with his second wife having kids from her and it is a sufficient ground for the non -applicant No. 1 to reside separately from the applicant. However, accepting the earning of the applicant Rs. 10000/ - per month, the Trial Court awarded Rs. 2000/ - per month to the non -applicant No. 1/wife & Rs. 1000/ - per month to non -applicant No. 2/son towards maintenance.