VIJENDRA Vs. REKHABAI

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner under Sec. 19(4) of the Family Courts Act r/w Sec. 397 of Cr.P.C. being aggrieved by the judgment dtd. 28/12/2018, passed by learned Principal Judge, Family Court, Dhar M.P., in MJCR No.62/2017, whereby the learned Principal Judge has allowed the application filed on behalf of the respondents and awarded Rs.3000.00 per month as maintenance in favour respondent no.1 and Rs.3000.00 per month in favour of respondent no.2/daughter from the date of application. Hence, the present petition before this Court for reduction of the maintenance amount.

(2.) During the course of arguments, learned counsel for the petitioner submits that the the learned trial Court has awarded maintenance @ Rs.6000.00 per month on higher side. In this regard, learned counsel for the petitioner submits that divorce decree has been passed by learned family Court on the ground of adultery. Such finding is relevant for deciding the issue of adultery in the present case. it is further submitted that the learned family court has clearly stated that the respondent of this case surviving her life in adultery. Virtually, on this point, there are overwhelming evidence in this case too.

(3.) In support of his contention, counsel for the petitioner placed reliance over the judgment passed by Madras High Court in the case of M.Chinna Karuppasamy vs. Kanimozhi 2015-4-L.W.553 wherein, the Court has observed that "A divorced wife, who lives in adultery, is disqualified from claiming maintenance under Sec. 125 of Cr.P.C."