PAWAN Vs. RAJ

JUDGEMENT

(1.) THIS revision under Section 19 (4) of the Family Court Act has been filed against the order dated 25.04.2014 passed by the Principal Judge, Family Court, Dewas in M.J.C. No.64/2014.

(2.) Brief facts of this case are that Non -applicant's mother Seemabai filed an application under Section 125 of the Code of Criminal Procedure against the applicant claiming maintenance. That application has been dismissed so far as wife Seemabai is concerned on the ground that she is not legally wedded wife of the applicant; whereas learned Trial Court directed the applicant to pay maintenance to his minor son Non -applicant Raj @ Rs.5,000 -00 per month from the date of application i.e. 05.08.2011. Being aggrieved, the applicant has filed this revision.

(3.) Learned counsel for the applicant submits that it is not proved that the Non -applicant is legitimate son of the applicant, even though learned Trial Court has directed to pay maintenance. The Non -applicant claimed maintenance @ Rs.3,000 -00 per month; whereas learned Trial Court has directed the applicant to pay maintenance @ Rs.5,000 -00 per month and without assigning any reason he is directed to pay maintenance from the date of application i.e. 05.08.2011. Learned Trial Court has not gave a finding about the income of the applicant, even though fixed the maintenance as aforesaid. The order is bad -in -law. Therefore, it be set -aside.