SUMIT DILOURI Vs. RACHNA DILOURI AND ANOTHER

JUDGEMENT

(1.) This revision under Section 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 14.01.2016, passed in Criminal Case No.97/2015, by II Additional Principal Judge, Family Court, Jabalpur, whereby learned Family Court partly allowed the application filed by the respondents under Section 125, Cr.P.C. and awarded interim maintenance to the respondent no.1 to the tune of Rs.7,000/- per month and Rs.3,000/- per month to the respondent no.2.

(2.) The respondents had filed an application under the provisions of Section 125 of the Code along with the application for grant of interim maintenance, contending that the marriage between the applicant and the respondent no.1 was solemnized on 02.02.2013 as per the Hindu rites and rituals. One daughter was born out of the wedlock. It is alleged by the respondents that they are living with the parents of the respondent no.01 because, the applicant denied to maintain them 24.05.2013. The respondent no.01 has no source of income neither her parents has been able to take care of her. It is also contended that the applicant is serving in Military, and earns Rs.35,000/- per month. The respondent No.01 is facing great difficulties in maintaining her daughter, hence, prays for interim maintenance to the tune of Rs.10,000/- per month for herself and Rs.5,000/- per month for maintenance of her daughter.

(3.) Applicant entered his appearance by filing reply and submitted that the behaviour of respondent no.1 herself is cruel-some as he has been living a life of adultery, having illicit relationship with some other person. The respondent no.1 is a teacher in private school and recently she has been selected in Professional Board of Examination. The respondent no.1 maintained her livelihood from the said job. The respondent no.01 without any reason left the house of the applicant and never turned up, therefore, the application filed by the respondents deserves to be dismissed.