SANDEEP KUMAR JAIN Vs. KU. AYUSHI JAIN

JUDGEMENT

(1.) The applicant has filed this revision challenging the order dated 22/01/2016 passed by the Principal Judge, Family Court Jabalpur in MJC No.170/2015 by which the family Court has awarded the maintenance of Rs.10,000/- per month to the respondent towards the interim maintenance.

(2.) Brief facts of the case are that the respondent/daughter has filed an application under Section 125 of the Cr.P.C. before the family Court, Jabalpur wherein she has prayed to pay Rs.15,000/- per month for her day- to- day expenses. Along with the main application, she has filed an application for interim maintenance. The applicant herein filed reply to the said application. However, after considering all the material documents on record, the Principal Judge, Family Court has allowed the application preferred by the respondent for interim maintenance thereby awarding sum of Rs.10,000/- per month. Being aggrieved by that order, the applicant has filed this present revision before this Court.

(3.) Learned counsel for the applicant argues that the order passed by the family Court is illegal and contrary to the law. She submits that interim maintenance awarded by the family Court is on higher side. She submits that the mother of the non-applicant is living separately from the applicant since 2004 without any sufficient and cogent reason. While allowing the application, learned family Court did not consider the financial condition of the applicant. He further submits that the applicant is paying Rs.3000/- per month to the mother of non-applicant and the financial condition of the applicant is not such by which he could pay Rs.13,000/- per month to both of them. She further submits that the income of the applicant is Rs.8000-10,000/- per month. In such circumstances, he submits that the order passed by the Family Court be set aside.