GAURAV LOHIYA Vs. SMT. NIDHI LOHIYA AND ANOTHER

JUDGEMENT

(1.) This revision has been filed under Sections 397, 401 of Cr.P.C. against the order dated 12/11/2009 passed in M.Cr.C. No.259/2009 by the Principal Judge, Family Court, Gwalior. The applicant has impugned the direction given by the Family Court to the applicant to pay Rs.5,000/- and Rs.3,000/- per month respectively to each of the respondents by way of interim maintenance.

(2.) The necessary facts for the disposal of the present revision in short are that the respondents have filed an application under Section 125 of Cr.P.C. in the year 2009 for grant of maintenance on the ground that the applicant has deserted them. The applicant is a Scientist working in Defence Electronics Research Laboratory, Hyderabad and is earning a monthly salary of Rs.48,000/-. Thus, a prayer for grant of Rs.16,000/- per month to each of the respondents was made.

(3.) The application was opposed by the applicant. It was mentioned that the respondent no.1 is residing separately without any reasonable reason. The respondent no.1 is a literate lady working in the CSM Department of Jiwaji University and she is getting a monthly salary of Rs.10,000/- and her take home salary is Rs.5,902/-, therefore, respondents are not entitled for any interim maintenance.