KAMAL SINGH Vs. SUNITA

JUDGEMENT

(1.) HEARD . Being aggrieved with an order dated 6th January, 2006 passed by Second Additional Sessions Judge (Fast Trek) Pichhore, District Shivpuri in Criminal Revision No. 35/05, this petition has been filed by the petitioner/husband against the respondents, who are the wife and minor daughter (respectively) of the petitioner. Vide the impugned order the learned Judge has affirmed the order passed by JMFC, Khaniyadhana in Miscellaneous Criminal Case No. 6/04 dated 1.1.2005, wherein the learned Magistrate has awarded maintenance, amounting to Rs. 700;- per month to respondent No,1, the wife of the petitioner and Rs. 400/- per month to respondent No. 2, his minor daughter.

(2.) THE facts, in brief, are that the respondent No. 1 filed one application under section 125 of CrPC on behalf of herself as well as respondent No. 2 claiming maintenance from the petitioner. After hearing both the parties, the aforementioned orders have been passed by both the Courts below, in which the contention raised on behalf of the petitioner that both the parties are living separately with their mutual consent, hence, under section 125 (4) of CrPC, the respondents are not entitled for any claim of maintenance, was negated. Hence, this petition.

(3.) AS nobody appeared on behalf of the respondents despite service, hence, they could not be heard.