MANOJ Vs. SAKUN AND ORS.

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) has been filed by the applicant/husband against the order dated 22.11.2014, passed in Criminal Revision No. 143/2014, by Sessions Judge, Chhindwara, whereby learned Revisional Court rejected the revision filed by the applicant, arising out of order dated 23.02.3013, passed in Misc. Criminal Case No. 128/2011, by Judicial Magistrate First Class, Parasiya, District Chhindwara, whereby the application filed by the respondents/wife and son under Sec. 125, Cr.P.C. has been allowed granting maintenance of Rs. 1,000/ - each per month to them.

(2.) The application on behalf of the respondents filed under the provisions of Sec. 125 of the Code before learned trial Court contending that the marriage between the applicant and the respondent No. 1 was solemnized on 24.06.2006 as per the Hindu rites and rituals. Respondent No. 2 is the son of the couple. It is alleged by the respondents that after sometime of marriage the applicant and his family members demanded dowry and thus, tortured the respondent No. 1. A complaint was made by her before Superintendent of Police, Chhindwara but no case was registered against the applicant. Reason for separate living also mentioned that the applicant re -married with Sapana daughter of Suresh Waghmare and also having one son. It is further contended that the applicant is a Supervisor in Galla Mandi, Kusmaili, District Chhindwara and as such earns Rs. 15,000/ - per month. On the contrary respondent No. 1 has no source of income, hence, prays for maintenance to the tune of Rs. 5,000/ - per month.

(3.) Applicant entered his appearance by filing reply praying to reject the said application on the grounds that the respondent No. 1 pressurized the applicant to live separately. The respondent No. 1 came to her parental home and was not ready to go to her matrimonial house even tried by the applicant several times. The applicant has made an application before Pariwar Paramarsh Kendra in the year 2009 but the respondent No. 1 in the month of April, 2009 denied to live with the applicant. The respondent No. 1 earns Rs. 4,000/ - by doing tailoring work.