SMT. PRIYANKA TIWARI AND ANOTHER Vs. RISHIMUNI TIWARI

JUDGEMENT

(1.) The applicants have filed this revision challenging the order dated 01.04.2017 thereby partly allowed the application preferred by the applicants under section 125 of the Cr.P.C., 1973

(2.) The applicants have filed an application under section 125 of the Cr.P.C., 1973 on the ground that she married with non-applicant and applicant No. 2 is son of the non-applicant and applicant No. 1. The applicants have filed an application under section 125 of the Cr.P.C., 1973 for grant of maintenance of Rs. 10,000/- per month to applicant No. 1 and Rs. 5,000/- per month to applicant No. 2 on the ground that the non-applicant is a Government employee working in the PWD department and getting salary of Rs. 16,000/- per month and through private job Rs. 5,000/- per month and also an agriculturist. Thus, total income of the non-applicant is Rs. 31,000/- per month.

(3.) The non-applicant has filed reply and denied the allegations and claim of the applicant. It is pleaded that the applicant has illicit relation with some other person and she has sufficient source of income and she is earning Rs. 25,000/- per month, therefore, she is not entitled to get maintenance. The trial Court after recording the evidence produced by both the parties, dismissed the application filed by applicant No. 1 and partly allowed the application of applicant No. 2. Therefore, the present revision has been filed.