LAWS(MPH)-2017-4-99

KU AYUSHI THAKRE & ANOTHER Vs. NEERAJ THAKRE

Decided On April 03, 2017
Ku Ayushi Thakre And Another Appellant
V/S
Neeraj Thakre Respondents

JUDGEMENT

(1.) The applicants are minor in age and represented by their mother for challenging the quantum of maintenance amount granted by the Additional Principal Judge of the Family Court, Gwalior in case No. 184/2014, vide order dated 17.02.2016.

(2.) The relevant facts of the case are that the mother of the present applicants and respondent entered into a marriage on 26.12.1999 and out of such wedlock the present applicants have taken birth. However, due to domestic discord, the marriage was called off by the decree of the court, subsequent to which, the present applicants stayed with their mother. The terms of the divorce are not clear as no document has been placed on record to elucidate the same. Although, the terms of divorce will have little significance upon the question involved in this case. It is born out from the record that the mother of the applicants had a private job, although, in the year 2014, the same got discontinued leading to scarcity of financial resources for up-keeping the present applicants and to bear cost of the education which included school fees and tuition fees. In addition to the said reason, the applicants also pointed out the disease suffered by applicant No.1 which results into substantial cost of treatment. These, factors forced the present applicants to file the application under Section 125 of Cr.P.C for seeking maintenance from the respondent citing his obligation to maintain the present applicants as being their father.

(3.) The Court below duly invited the respondent for filing his response in which the pleadings related to marriage between him and the mother of the present applicants as well as the fact that the present applicants being born out of their wedlock were admitted. However, after making his presence in the said matter, the respondent did not appear in the subsequent hearings. Due to which, the court below proceeded ex-parte against him. Consequently, the evidence brought on record by the present applicants remained uncontroverted. The application was decided on 17.02.2016, allowing the same in part and the maintenance to the tune of Rs. 3,000/- per month to the applicants has been fixed by the court below till the applicants attain the age of majority.