INDU BAGDE Vs. SUNIL BAGDE

JUDGEMENT

(1.) The applicants have filed this revision challenging the order dated 01.04.2017 passed by the Principal Judge, Family Court, Balaghat thereby awarding the maintenance of Rs.2,000/- per month to applicant No. 1 and Rs.4,000/- each to applicants No. 2 and 3.

(2.) Brief facts of the case are that the applicants have filed an application under Section 125 of the Cr.P.C against the respondent claiming the maintenance. The Family court has partly allowed the application preferred by the applicants and thereby awarding a maintenance of Rs.2,000/- to applicant No. 1 and Rs.4,000/- each to applicants No. 2 and 3. The application has been filed on the ground that applicant No. 1 and respondent had entered into marriage on 06.06.2001. The respondent is working on the post of Technician Grade-2 in the Indian Railways at Nagpur. The respondent thereafter started demanding the dowry from the applicant's parents and for that harassing her mentally and physically. Out of this wedlock the applicant had two children. Thereafter, the services of the respondent has been transferred to Balaghat. After 2014, the respondent started to stay away from his wife and children and stop the payment of expenses and school fees to the applicants. Applicant No. 1 has also filed a complaint under Section 498A / 34 of the IPC and under Section 3 and 4 of the Dowry Prohibition Act against the respondent. Thereafter, on 10.11.2014, the applicants have filed an application under Section 125 of the Cr.P.C against the respondent claiming maintenance of Rs.25,000/- per month for herself as well as for children. It has further been stated that the salary of the respondent is Rs.38,498/- and further he is the owner of 10 acres of agricultural land and his mother is getting pension of Rs.15,000/- per month and his younger brother also owns a medical shop. Thus, there is no one dependent on the respondent.

(3.) The Family Court after recording the evidence of both the parties have passed an order thereby awarding the maintenance of Rs.2,000/- per month to applicant No. 1 and Rs.4,000/- each to applicants No. 2 and 3. Being aggrieved by that order, the applicants have filed this application for enhancement of the award of maintenance awarded by the Family Court.