MUKESH TIKARIYA Vs. PRIYANKA @ GARIMA AND ANOTHER

JUDGEMENT

(1.) This revision application is directed against the order dated 24.10.2016 passed by Family Court, Gwalior in Case No.588/2014, in which the application filed by the non-applicants for grant of interim maintenance during the pendency of the application under Section 125 of CrPC has been allowed.

(2.) Facts leading to filing of the instant revision application are that the marriage was solemnized between the applicant and non-applicant No.1 on 16.1.2012 as per Hindu rituals and customs. The nonapplicant No.2 is the son born out of the wedlock between the applicant and non-applicant No.1. Due to certain disputes, the non-applicant No.1 started residing separately along with the non-applicant No.2. Since the non-applicant No.1 is unable to maintain herself and her son, an application under Section 125 CrPC has been filed before the Family Court, Gwalior. In order to get interim maintenance till the decision of the original application by the Family Court, the non-applicant No.1 made an application, in furtherance to which the impugned order has been passed and the Family Court fixed Rs.1500/- per month each for the non-applicants.

(3.) The grounds canvassed by the application in the instant revision application are that the non-applicant No.1 is not entitled for any maintenance as she is residing separately with her own will, she is running a beauty parlour and she has sufficient source of income. Therefore, the impugned order suffers from illegality and deserves to be set aside.