RAJESH Vs. MITHLESH BAI

JUDGEMENT

(1.) Heard on admission. This criminal revision is directed against the order dated 05.11.2015 passed by the Court of Principal Judge, Family Court, Katni in miscellaneous criminal case no.383/2014, whereby the maintenance @ Rs.500/ - per month each was awarded in favour of respondent no.2 Mansi and respondent no.3 Prashant under Section 125 of the Cr.P.C. A perusal of the documents filed along with this criminal revision reveal that the respondent Mithlesh is admittedly wife of petitioner Rajesh and respondents Mansi and Prashant are their children. Respondents filed an application under Section 125 of the Cr.P.C. before the Court of Principal Judge, Family Court, Katni under Section 125 of the Cr.P.C. for awarding maintenance. After the trial, learned Principal Judge, Family Court held that the respondent wife Mithlesh is living separately from her husband petitioner Rajesh of her free will and accord; as such, she is not entitled to receive maintenance; however, maintenance allowance @ Rs.500/ - month each was awarded to minor daughter Manshi and minor son Prashant. The order of maintenance for minor children has been challenged on behalf of the applicant husband in this criminal revision mainly on the ground that the applicant husband is physically challenged and suffers from 40% disability on account of polio.

(2.) This aspect of the matter has been adverted to by the learned trial Court in paragraph no.13 and 14 of the impugned order; wherein, it has been observed that though, the petitioner husband has filed disability certificate to the extent of 40%, he has admitted in his testimony that his ancestral occupation is tailoring. He owns a tailoring shop in Mehgaon Market. He has also admitted that after his desertion by the respondent wife, he is living separately from his parents and is earning his living. The Court has also observed that the applicant had filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, which shows that he is capable of maintaining his wife and children. He also receives disability pension but has filed no documents in this regards in order to conceal his earnings from that source.

(3.) In aforesaid view of the matter, learned Principal Judge, Family Court has rightly held that the applicant has sufficient means to provide maintenance allowance to his children. In any case, an amount of Rs.500/ - per month to 11 years old school going daughter and Rs.500/ - per month to 8 years old school going son are too meagre for this Court to contemplate any interference.