KEWAL SINGH Vs. DURGABAI

JUDGEMENT

(1.) These criminal revisions having been heard and reserved for orders, coming on for pronouncement this day, the court passed the following: ORDER 1. With the consent of the parties heard finally. This order shall govern the disposal of these criminal revisions as they are arisen out of same order dtd. 13/5/2017 passed in Miscellaneous Judicial Case (Criminal) No. 230/2015 by the learned Principal Judge, Family Court, District-Rajgarh. Hence, they are heard analogously and are being decided by this common order.

(2.) These criminal revisions have been filed by the petitioners under Sec. 19(4) of Family Court Act, 1984 read with Sec. 397/401 of Cr.P.C. being aggrieved by the judgment dtd. 13/5/2017, passed in MJC(Cri) No.230/2015, by learned Principal Judge, Family Court, District-Rajgarh (Biaora) 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. Whereas the maintenance of Rs.4,000.00 was awarded to petitioner No. 2/Chanchal per month from the date of filing of application. Further, the wife-Durga Bai and daughter-Chanchal will be addressed as petitioner Nos. 1 and 2 while husband-Keval Singh will be addressed as respondent.

(3.) The Criminal Revision No. 754/2017 has been filed by Durga Bai/petitioner No. 1 for awarding the maintenance amount of Rs.10,000.00 for her and enhancing the maintenance of Rs.5,000.00 from Rs.4,000.00 to petitioner No. 2, while the Criminal Revision No. 726/2017 has been filed by respondent/Keval Singh to set aside the order of maintenance in favour of his daughter/petitioner No.2. It is also worth mentioning that in Criminal Revision No. 754/2017, no one appeared on behalf of respondent/Keval Singh today, hence, revision petition No. 754/2017 is decided in non-appearance of respondent/Keval Singh.