RADHE SHYAM MOURYA Vs. DASHMAT DEVI

JUDGEMENT

(1.) This revision under Section 397/401 of the Code of Criminal Procedure, 1973, here-in-after referred as "the Code", has been filed by the applicant-son being aggrieved by the order dated 10.01.2015, passed in Case No. 235/2014, by the Principal Judge of Family Court Waidhan, District Singrouli, whereby the Family Court allowing the application filed by the respondent-mother granted interim maintenance to the tune of Rs.4,500/- per month in her favour.

(2.) The case of the respondent, 70 years old widow lady before learned Family Court was that her son, the applicant is posted at U.P. Electricity Board and getting salary of Rs.80,000/- per month. The Board has provided service to the applicant in lieu of acquisition of ancestral land. The applicant has also received other ancestral property. The respondent is living with her daughter and son-in-law at village Ganiyari, District Singrouli since last one year as the applicant is avoiding her maintenance therefore, the respondent filed an application under Section 125 of the Code for maintenance of Rs.20,000/- per month along with application for grant of interim maintenance amount before learned Family Court.

(3.) The applicant entered his appearance on 19.01.2015 without filing reply, but raised objection by filing an application under the provisions of Section 126 of the Code. Objection made on the ground that the said application for maintenance as well as application for interim maintenance is beyond jurisdiction therefore, learned Family Court has no jurisdiction to hear this case. In support of his objection the applicant also filed documents.