MATAPRASAD @ SHAILENDRA Vs. SAPNA @ NUTAN AND ANOTHER

JUDGEMENT

(1.) This revision application is directed against the order dated 21.3.2016 passed by Family Court, Gwalior in Case No.16/2015, 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. However, due to certain untoward incidents, the non-applicant No.1 started residing separately along with the non-applicant No.2, who is the daughter born out of the wedlock between the applicant and non-applicant No.1. Since the non-applicant No.1 is unable to maintain herself and her daughter, 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 for the non-applicant No.1 and Rs.500/- per month for the non-applicant No.2.

(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 out of her own will and she has not honoured the direction of the Civil Court for restitution of conjugal rights. Therefore, the impugned order suffers from illegality and deserves to be set aside.