JUNED ALI Vs. SIMRAN

JUDGEMENT

(1.) As both the revision petitions are filed being aggrieved by the same impugned order dated 31.01.2017 passed by Principal Judge, Family Court, Sehore in MJC No.225/2015 therefore, these are being decided by this common order.

(2.) The brief facts of the case are that the applicant and the non- applicant have entered into marriage as per the Muslim Customs on 15.02.2014. In the month of December, 2014, the applicant and his family members thrown out her from the matrimonial house on the ground of demand of Dowry. Since then she is residing separately at her parental house. On 20.07.2015, she gave birth to non-applicant No.2. The applicant failed and neglected to maintain the non-applicants therefore, she filed an application under Section 125 of the Cr.P.C. The Family Court vide order dated 31.01.2017 has partly allowed the application of the non- applicant for grant of maintenance whereby the claim of non-applicant No.1 for grant of maintenance has been rejected and directed the applicant to pay of Rs.4000/- per month to the non-applicant No.2. Being aggrieved by this order both the applicant as well as non-applicant No.1/wife have filed the present revisions.

(3.) Learned counsel for the applicant in Criminal Revision No.595/2017 submits that the amount awarded by the Family Court is on higher side. He submits that the applicant has filed a civil suit for restitution of conjugal rights on 19.12.2014 on the ground that he is willing to reside with the non-applicant No.1 but she does not turn of and therefore, applicant has given the divorce to the non-applicant No.1 as per Muslim Customs.