SURENDRA JHARIYA Vs. SONAL JHARIYA AND OTHERS

JUDGEMENT

(1.) The applicant has filed this revision challenging the order dated 20.12.2016 passed by the Principal Judge Family Court, Mandla in MJC No.286/2015 thereby allowing the application preferred by the respondents under Section 125 of the Cr.P.C.

(2.) The applicant as well as respondent no.1 entered into marriage on 15.06.2002. In the year 2015, a dispute was arose between the parties, when the applicant was found the respondent no.1 with one Anil Sahu at night in the respondent no.1 house. On the next day, the Panchayat was constituted and thereafter, respondent's no.1 went to her parental house with own will. Thereafter, respondent no.1 has filed a false criminal case against the applicant and his parents in which the applicant and his parents were acquitted vide judgment dated 26.07.2016. The respondent thereafter filed an application under the Protection of Women From Domestic Violence Act, 2005 which was also dismissed vide order dated 30.11.2015. Respondent no.1 again thereafter filed an application under Section 125 of the Cr.P.C before the trial Court. The trial Court after recording the evidence of both the parties and after hearing them has passed an order dated 20.12.2016 thereby allowing the application preferred by the respondents. Being aggrieved by that order, the applicant has filed this criminal revision.

(3.) Learned counsel for the applicant submits that the family Court below has failed to consider that the respondent no.1 is living separately from the applicant without any sufficient reasons and, therefore, she is not entitled to get the maintenance. He further submits that the respondent no.1 is working on the post of Aganwadi Worker and is getting a fixed salary per month. He further submits that the respondent no.1 is in illicit relation with one Anil Sahu and due to the said reason she is not interested to live with the applicant. He further submits that the applicant is a B.P.L Card Holder unemployed and there is no any source of income, therefore, the applicant is unable to give maintenance to the respondents.