RAM RAJA Vs. CHANDA SEN

JUDGEMENT

(1.) The instant Criminal Revision application takes exception to the order dated 03.08.2016 passed by Principal Judge, Family Court Guna in Misc. Criminal Case No. 119/2015, whereby the Court below has allowed the application filed by the respondent under Section 125 of Code of Criminal Procedure, 1973 (CrPC).

(2.) The brief facts necessary for adjudication of the instant case are that the applicant and the respondent married around 17 years ago as per Hindu customs and rituals. Three children were born out of the said wedlock. The age of the children is 15 years, 14 years and 10 years. After some time, relationship between the applicant and the respondent deteriorated and the applicant and the respondent started residing separately. Subsequently, the respondent preferred an application under Section 125 of Cr.P.C. for claiming maintenance amount which was allowed and maintenance amount of Rs. 1,000/- for the respondent and Rs. 500/- for each of the children was fixed by the Court below.

(3.) Learned counsel for the applicant contended that the respondent is living separately with other person as husband-wife and is leading an adulterous life. The allegation leveled against the present applicant that he has married someone else is totally false and baseless. Further, it was contended that the third child i.e. daughter Rabina, who is 10 years old, is not the biological daughter of the applicant as she was born while the applicant was serving jail sentence during the period from 01.11.2004 to March 2010. Learned counsel for the applicant also contended that the impugned order has been passed on the sole testimony of the respondent and her testimony has not been corroborated by any other piece of evidence.