USHA MISHRA Vs. RAMAKANT MISHRA

JUDGEMENT

(1.) This revision under Sections 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) has been filed by the applicant against the order dated 18.07.2014, passed in M.J.C. No.208/2013, by learned Ist Additional Principal Judge, Family Court, Jabalpur, for enhancement of maintenance amount awarded by the learned Family Court to the tune of Rs.1,000/- per month to the applicant.

(2.) The applicant had filed an application under the provisions of Section 125 of the Code, contending that the marriage between the applicant and the respondent was solemnized 37-38 years back as per the Hindu rites and rituals. Three daughters were born out of the wedlock. The behavior of the respondent was cruel-some, hence, the applicant along with her three daughters had left the company of the respondent in the year 1997. From 23.06.2005 the applicant and respondent had been living together but in the month of January, 2006 the respondent again deserted the applicant along with three daughters. The applicant received the amount of maintenance till December, 2012 but the respondent stopped the payment from January, 2013. It is also contended that the respondent having agricultural land of 12 Acres and runs a Hotel in the name and style of Mishra Hotel. He has other source of income from rent, hence, earns approximately Rs.12,60,000/- per annum. On other hand, the applicant is facing great difficulties in maintaining herself and daughter Ku. Sheetal, hence, prays for grant of maintenance to the tune of Rs.20,000/- per month for herself and Rs.10,000/- per month for her daughter Ku. Sheetal.

(3.) Respondent entered his appearance by filing reply and submitted that the applicant left the respondent on her own will. The applicant without any reason left the house of the respondent and never turned up, therefore, the application filed by the applicant deserves to be dismissed.