AYUSH Vs. KISHAN SINGH TEKAM & ANOTHER

JUDGEMENT

(1.) Both these revision petitions have been filed against the common order dated 27.09.2013. Criminal Revision No.2278/2013 has been filed by the son for enhancement of maintenance awarded by the trial Court and Criminal Revision No.2336/2013 has been filed by the father for quashment of the order dated 27.09.2013. Both the petitions are against a common order, hence, heard together.

(2.) An application under Section 125 of the Code of Criminal Procedure was filed before the family Court at Bhopal by the son for maintenance at the rate of Rs. 25,000/- per month. The applicant pleaded that he was residing with his mother at Bhopal. The respondent No.1/father was posted as Scientist and he was getting monthly salary of Rs. 70,000/- per month. The applicant was studying in K.G. 1 Class at Mount Carmoral, Mulligya Bagh, Bhopal. He has no means for his education. The father denied the application on the ground that the mother was not residing with him and he would bear the incurred expanses of his son if he would reside with him. The respondent No.1/father further pleaded that mother was also working as a Professor and she was getting Rs. 60,000/- per month.

(3.) The trial Court has held after appreciation of evidence that mother was treated with cruelty, hence, she left the house of the respondent No.1 alongwith the children. Since then the applicant who is the children has been residing with the mother. Respondent No.1/father himself admitted in his deposition that he was working as Scientist at Pune and his salary was Rs. 60,000/- per month. He further admitted that he can give Rs.2000-3000/- as maintenance to the son. He further admitted in his cross-examination that his actual salary is Rs. 1,00,000/- and he was getting cash in hand Rs. 60,000/-.