LAWS(MPH)-2018-8-17

TOUSEEF RAASHID MAKROO Vs. BABY MADEEHA

Decided On August 01, 2018
Touseef Raashid Makroo Appellant
V/S
Baby Madeeha Respondents

JUDGEMENT

(1.) The applicant has filed this revision challenging the order dated 08.09.2017 passed by I Additional Judge, Family Court, Bhopal, in MJC No.522/2015, thereby allowing the application preferred by the respondent under Section 125 of the Code of Criminal Procedure.

(2.) The respondent is minor and has filed this application through her mother. The marriage of the applicant and mother of the respondent, namely, Nikhat Noor Qureshi, was solemnized at Bhopal on 5.1.2013. Thereafter, they were living at Delhi. The respondent was born on 12.10.2013, out of the said wedlock. The applicant was very happy on the birth of the respondent. He took all the care and caution for better and proper uplifting of the respondent in all possible manner. Thereafter, the applicant due to the eye sight problem was asked to resign from his job and eventually, the applicant had resigned from his job at Vatika Group, Delhi, in January, 2015. Because of his sudden loss of the job, the wife of the applicant and mother of the respondent were not at all happy and she left company of the applicant. Only for the reason that he had no good job, she went to stay with her parents at Bhopal.

(3.) The mother of the respondent thereafter filed a Divorce Application on 18.8.2015, narrating the false fact about the harassment and dowry demand by the applicant. Later on, she has also filed an application under Section 125 of the Code of Criminal Procedure for grnt of maintenance to the tune of Rs.35,000/- (Rupees Thirty Five Thousand) per month. Upon receiving notice from the Family Court, the applicant submitted a detailed reply and denied all such allegations made against him. He stated that he never harassed his wife for demand of dowry. On the contrary, he submitted that his wife was never satisfied with the living of the applicant. She always expected more. He further submitted that he always took care of his child. He further submitted that he is out of job after resignation from Vatika Group and he denied that he is earning Rs. 2,00,000/- (Rupees Two Lacs) per month. The Family Court after considering the stattements of both the parties has passed the order dated 8.9.2017, thereby awarding a maintenance of Rs.15,000/- (Rupees Fifteen Thousand) to the respondent. Being aggrieved by that order, the applicant has filed this revision.