RUDANSINGH Vs. MAMTA BAI AND ANOTHER

JUDGEMENT

(1.) This Criminal Revision under section 397 of Cr.P.C., 1973 read with Section 19(4) of the Family Court, Act, 1987 has been filed against the order dated 5/1/2018 passed by the Principal Judge, Family Court, Dhar in M.Cr.C. No.128/2015, by which the Family Court has awarded an amount of Rs. 3,000/- per month to each of the respondents by way of maintenance.

(2.) The necessary facts for disposal of present revision in short are that initially the respondents had filed an application under section 125 of Cr.P.C., 1973 which was registered as M.Cr.C. No.29/2002 and the Court of competent jurisdiction by order dated 16/7/2003 had directed the applicant to pay Rs. 500/- per month to each of the respondents. However, it appears that the applicant did not deposit the said amount also and accordingly, the applicant was sent to jail, but still the recovery proceedings are pending. Thereafter, an application under section 127 of Cr.P.C., 1973 was filed on the allegation that the respondent no.2 is the student of Class 9th and the respondent no.1 has no independent source of income and she spends about Rs. 5,000/- per month on the education as well as school dress of respondent no.2. The respondent no.1 is also suffering from skin diseases, as a result of which, she is required to spend Rs. 5,000/- per month, whereas the applicant has 15 Bigha agricultural land and is earning Rs. 10,00,000/- per year and accordingly, prayer for alteration of maintenance amount was made and it was prayed that the maintenance amount be enhanced to Rs. 5,000/- to each of the respondents.

(3.) The applicant filed his reply. It was alleged that the respondent no.1 is residing in her own house and the respondent no.2 is major and is helping the respondent no.1 in carrying out the agricultural activities, whereas the applicant is an unskilled labour and is looking after his parents being the sole issue. The applicant also generally remains sick, in spite of that he is making payment of maintenance amount. Accordingly, it was prayed that the application filed under section 127 of Cr.P.C., 1973 may be rejected.