DHARMENDRA SHARMA Vs. PRAKHAR

JUDGEMENT

(1.) This revision under Sections 397, 401 of Cr.P.C. has been filed against the order dated 12/7/2017 passed by the Principal Judge, Family Court, Vidisha in MJC No.174/2014 by which the application filed by the respondent under Section 125 of Cr.P.C. has been allowed and the applicant has been directed to pay Rs.3,000/- per month by way of monthly maintenance.

(2.) The necessary facts for the disposal of the present application in short are that the respondent is the biological son of the applicant. The applicant was married to Smt. Meenu Sharma, the mother of the respondent, on 29/5/2012 and the respondent was born out of the wedlock. The mother of the respondent is residing separately from the applicant from 22/12/2013. It is undisputed fact that the respondent is having hole in his heart and a part of his heart is also shrinked. It is the case of the respondent that he is having a hole in his heart and his main blood arteries are already blocked and his treatment is also going on in Vidisha and MMS Hospital, Delhi. The monthly expenses of his medicines are Rs.5,000/- and an amount of Rs.20,00,000/- is required for his operation. As the mother was being harassed by the applicant for want of dowry, therefore, she is residing separately alongwith respondent in her father's house from 22/12/2013. It was further alleged that the applicant is a qualified person having passed MBA and is earning Rs.10,000/- per month. The family of the applicant has 15 bigha land and his share is to the extent of 10 bigha and his yearly income from the agricultural land is Rs.2,00,000/-.

(3.) The claim of the respondent was denied by the applicant. It was alleged that the mother of the respondent is working as a Government Teacher and is earning Rs.20,270/- per month by way of salary. The applicant was in a private job, but because of false complaint made by the mother of the respondent, he has lost his job. The applicant has also filed an application under Section 9 of the Hindu Marriage Act, but still she is not ready and willing to stay with him. Treatment of the children is done in AIMS Hospital free of costs. The claim with regard to the expenses on medicines is false. The applicant is ready and willing to keep the respondent and his mother alongwith him.