MAHESH Vs. RRAKHI

JUDGEMENT

(1.) THE applicant has preferred this revision under Section 397 of the Cr. P.C., feeling aggrieved by the order dated 13.11.2006 passed by the Presiding Judge, Family Court, Indore, in MCRC No. 374/2005, whereby allowed the petition filed under Section 125 of the Cr. P.C., and ordered for grant of maintenance of Rs. 2,500 per month in favour of the non -applicant No. 1 and Rs. 1,000 per month in favour of the minor son, non -applicant No. 2.

(2.) BRIEFLY stated facts of the case are that the non -applicant No. 1 is the legally wedded wife of the present applicant Mahesh. Their marriage took place on 22.1.2003. During their wedlock the non -applicant No. 2, minor child born to the non -applicant No. 1. After that it is alleged that the present applicant, husband treated the wife with cruelty, therefore, she is forced to live separately from her husband and thereafter the husband is not paying any maintenance amount to the non -applicant, wife and minor son. The present applicant is serving in the District Court at Burhanpur as Clerk Steno Typist and getting Rs. 5,000 as salary on the basis of the aforesaid ground 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 due appreciation of the entire evidence on record vide impugned order dated 13.11.2006, allowed the petition filed under Section 125 of the Cr. P.C. and ordered for payment of the maintenance amount of Rs. 2,500 per month in favour of the non -applicant No. 1, minor son. Feeling aggrieved by which the applicant/husband has preferred this revision.

(3.) IT is submitted by the learned Counsel for the applicant that he is ready to live with the non -applicants and the non -applicant No. 1 is living separately without any sufficient reason, therefore, she is not entitled to get any maintenance amount from her husband and the learned Trial Court has wrongly awarded the maintenance amount in favour of the non -applicant No. 1 and in the alternative prayed for just and suitable reduction of the maintenance amount awarded by the Trial Court in favour of the non -applicants.