AMARJEET SINGH Vs. NARENDRA KAUR

JUDGEMENT

(1.) THE applicant/husband has preferred this revision petition under Section 397 of the Cr.P.C, feeling aggrieved by the order dated 30.11.2006 passed by Principal Judge, Family Court, Indore in M. Cr. C. No. 1165/2005, whereby ordered for grant of maintenance amount of Rs. 3,000 in favour of the non -applicant No. 1, wife and Rs. 1,500 per month in favour of the non -applicant Nos. 2 and 3, minor children.

(2.) BRIEFLY stated facts of the case are the non -applicant No. 1 Smt. Narendra Kaur is the legally wedded wife of the present applicant. Their marriage took place in January 1993 as per the customs prevailing in the Sikh family. During their wedlock the non -applicant No. 1 gave birth to non -applicant Nos. 2 and 3. It is alleged that after the marriage, husband started treating the wife with cruelty and also demanded dowry from her due to which the non -applicant No. 1, the wife had been forced to live separately at her parental house and her husband is not paying any maintenance amount to her and non -applicant Nos. 2 and 3. Hence, the non -applicants have filed a petition under Section 125 of the Cr.P.C, before the Family Court at Indore. The learned trial Court after appreciation of the evidence on record, by the impugned order dated 30.11.2006 allowed the petition and granted maintenance amount of Rs. 3,000 in favour of the non -applicant No. 1, the wife and Rs. 1,500 each in favour of the non -applicant Nos. 2 and 3, minor children. Feeling aggrieved by which the applicant/husband has preferred this revision.

(3.) IN reply, learned Counsel appearing on behalf of the non -applicants supported the impugned order and prayed for dismissal of the revision. The only point arises for consideration in this revision is as to whether the non -applicants are entitled to get maintenance amount from the present applicant or not.