MADHULIKA BHATE Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This revision petition u/S 19(4) of the Family Courts Act r/w Sec. 397 o f Cr.P.C. has been filed by the petitioner/ wife being aggrieved by the order dtd. 15/10/2019 passed by Ist Additional Principal Judge, Family Court Indore in MJC no.78/2015, whereby the learned trial court has partly allowed an application u/S 125 of Cr.P.C. filed by the petitioner/wife and awarded her Rs.5,000.00 per month maintenance against the respondent/ husband from the date of impugned order. Hence, the present petition lies before this court for enhancement of maintenance amount.

(2.) It was admitted fact before the trial court that marriage between the petitioner and respondent was solemnized on 24/12/1978. From the wedlock of the parties, three children named Prajakta Bhaate, Pallavi Bhaate and Vedanshu alias Sameer Bhaate were born on 03/11/1981, 24/01/1984 and 03/08/1994 respectively. It was also admitted fact that the respondent is a retired bank manager and he gets pension of a sum of Rs.25,321.00 per month and the petitioner is living separately from the respondent since year 1999. It was also undisputed fact that Prajakta Bhaate and Pallavi Bhaate are married and Vendanshu is a major.

(3.) Facts giving rise to this case are that after birth of Pallavi, disputes arose between the petitioner and the respondent thereafter, the respondent deserted the petitioner and his children and started living apart somewhere else. Thereafter, in year 2000 the respondent got custody of his daughter Pallavi and son Vedanshu by competent court. On 30/01/2015, the petitioner filed maintenance application u/S 125 of Cr.P.C. stating that the petitioner has no means to maintain herself while the respondent is retired bank manager and gets pension of Rs.25,000.00 per month. After desertion of the petitioner, the respondent had not made any arrangement for her maintenance. She is a helpless woman. She has no source of income. The respondent is a person with sufficient means of resources and he is capable to maintain the petitioner. The petitioner has sufficient reason to live separate from her husband. She never deserted her husband/ respondent, therefore, she claimed Rs.15,000.00 per month as maintenance from her husband/ respondent.