PARVATI BAI Vs. GENDALAL

JUDGEMENT

(1.) THE applicant have preferred this revision petition feeling aggrieved by the order dated 1. 3. 2006 passed by the 2nd Additional Principal Judge, Family Court, Indore in Misc. Criminal Case No. 241/2005, whereby the Trial Court has partly allowed the application filed under Section 125 (1), Cr. P. C. and awarded the maintenance amount of Rs. 700 per month in favour of the minor son Rakesh only and rejected the part of the claim of maintenance amount demanded by the present applicant Parvatibai being the wife of the respondent.

(2.) THE brief facts of the case are that the present applicant Parvatibai is the legally wedded wife of the respondent Gendalal, living separately with her parents. She is also having a minor son Rakesh aged about 9 years, who is studying in a Primary School. The respondent has contracted second marriage with some other lady and not paying any maintenance amount to the applicant and her son. On the basis of these facts, the applicant has filed a petition under Section 125, Cr. P. C. before the Family Court at Indore. The learned Trial Court after due appreciation of the entire evidence led by both the parties, came to the finding that the applicant Parvatibai is already getting the rent of a house at Rs. 800 per month. She is also doing some work, by which she can maintain herself, therefore, rejected the claim for maintenance of the applicant Parvatibai but partly allowed the petition and granted the maintenance amount of Rs. 700 per month in favour of the minor son Rakesh, who is living with the applicant Parvatibai. Feeling aggrieved by the impugned order dated 1. 3. 2006, the applicant has preferred this revision petition.

(3.) I have heard learned Counsel for the parties and perused the record.