OMKAR KODLE Vs. SMT. KAMALTI BAI

JUDGEMENT

(1.) Shri Vivek Agrawal, learned counsel for the petitioner. Shri Pramod Kumar Thakre, learned counsel for the respondent. This petition under Section 397/401 of Cr.P.C. has been filed to assail the order dated 23.09.2013 passed by IInd Additional Session Judge, Multai, Distt. Betul in Cr.R. No.111/2012 whereby the order passed by JMFC Multai in MCC No.40/2009 dated 25.05.2012 has been reversed and maintenance has been granted @ Rs. 1,000/- per month to the respondent/wife.

(2.) It is not disputed that the petitioner is the husband of the respondent. Their marriage was performed on 10.02.1997 at Village Chandorakhurd, Teh. Multai.

(3.) Learned JMFC in the case of MCC No. 40/2009 refused to grant maintenance to the respondent. Therefore, the respondent filed the Criminal Revision No.111/2012 before the IInd ASJ, Multai. Learned IInd ASJ vide impugned order dated 23.09.2013 allowed the revision and granted maintenance as mentioned above. In this revision, the petitioner has assailed the order on the ground that he is a driver and his earning is only Rs.5,000/- per month in a private job. He has to support his blind father and old mother to look after. It is also claimed that the respondent claimed maintenance after a lapse of six years. It is also contended that the respondents/wife is living separately without sufficient cause.