MOHAMMAD ASLAM Vs. TABASSUM

JUDGEMENT

(1.) This criminal revision has been filed against the impugned order dated 25/06/2015 passed by Principal Judge, Family Court, Chhindwara in Miscellaneous Criminal Case No.273/14 whereby application filed by respondent under Section 125 of the Cr.P.C. has been allowed and the applicant was directed to pay Rs.4,000/ - per month towards maintenance to the respondent/wife.

(2.) The impugned order has been challenged on the grounds that the learned lower Court has overlooked the fact that the respondent is living separately without any sufficient cause and also has sufficient means to maintain herself. Apart from it the finding of the learned lower Court regarding income of the applicant is based on the surmises and conjecture, as there is no reliable evidence to justify the finding, hence the impugned order is contrary to law and caused miscarriage of justice, therefore, the same be set aside.

(3.) Learned counsel for the respondent contended that the impugned order is legal and not required any interference. In the revision factual finding cannot be challenged unless the same is perverse. This case is not of such nature and the maintenance amount is also not so excessive, which warrants interference of this Court, hence the revision petition be dismissed.