BABLI RAJPUT AND ANOTHER Vs. NIRBHAY SINGH

JUDGEMENT

(1.) This revision application is directed against the order dated 17.7.2014 passed by Principal Judge, Family Court, Vidisha in MJC Case No.43/2014, in which the application filed by the applicants for fixation of maintenance under Section 125 of the Code of Criminal Procedure (CrPC) was dismissed.

(2.) The Facts leading to filing of the instant revision application are that the marriage was solemnized between the applicant No.1 and non-applicant on 22.4.2004 as per Hindu rituals and customs. The applicant No.2 is the son born out of wedlock of applicant No.1 and non-applicant. However, certain disputes arose between the parties regarding which the allegation of the applicant No.1 is that, the non-applicant was persistently making demand of dowry and when demand of dowry was not met out, he showed the door to the present applicant. The applicant is residing with her son in her parent's home. The applicant No.1 has pleaded that she is unable to maintain herself and her son, therefore, an application under Section 125 CrPC has been filed before the Family Court, Vidisha in order to get maintenance. The application was dismissed by the Family Court on the ground that the applicant No.1 is living separately with her own will along with the applicant No.2, therefore, she is not entitled to get any maintenance amount from the non-applicant.

(3.) The grounds canvassed by the applicants in the instant revision application are that the court below has committed error by dismissing the application under Section 125 CrPC in favour of the non-applicant, as the applicants dis not have enough means to maintain themselves. The applicant No.1 has proved the fact by leading evidence that the she was assaulted by the nonapplicant and was dragged out of her matrimonial house, therefore, she is entitled to receive the maintenance amount.