BHAIYALAL Vs. SUBHADRA BAI

JUDGEMENT

(1.) This criminal revision preferred on behalf of the applicant Husband Bhaiyalal is directed against order dated 02.08.2006 passed by the Court of Shri B.L. Prajapti, JMFC, Harda, in M.J.C. (criminal) No.30/2003, whereby the revision petitioner-Husband Bhaiyalal was directed to pay a sum of Rs.50,000/- by way of expense of marriage of his major illegitimate daughter respondent No.2 Anita.

(2.) The facts necessary for disposal of this criminal revision may briefly be stated thus: Revision petitioner Bhaiyalal had performed Natra marriage with respondent Subhadra Bai. Respondent No.2 Anita was born from aforesaid union. By order dated 29.06.1991 passed by the Court of JMFC in M.J.C. (criminal) No. 204/1984, revision petitioner Bhaiyalal was directed to pay Rs.100/- per month as monthly maintenance allowance under Section 125 of the Cr.P.C., to respondent Anita. He paid aforesaid sum till 21.12.2001, whereon, the payment was directed to be stopped by order dated 21.12.2001 passed in Recovery Case No. 184/1998 by Chief Judicial Magistrate, Harda, in view of the fact that Anita had attained majority.

(3.) On attaining the age of marriage, an application under Section 125 of the Cr.P.C. was filed on her behalf by her mother Subhadra Bai stating that she has no means to marry her off. The estimated expenditure of marriage would be about Rs.1,00,000/-. Since, the revision petitioner Husband Bhaiyalal, being a teacher, has sufficient means, revision petitioner be directed to pay a sum of Rs. 1,00,000/- for marriage ceremony of Anita.