NANDKISHORE BOKADE Vs. DEEPALI

JUDGEMENT

(1.) The applicant has filed this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 13/05/2017 passed by learned Principal Judge, Family Court, Seoni in Misc. Criminal Case No.33/2015 whereby learned Family Court has enhanced the amount of maintenance from Rs.1,000/- to Rs.3,500/- awarded to respondent No.2.

(2.) The facts giving rise to this revision, in short, are that the applicant got married with respondent No.1- Smt. Deepali and out of that wedlock respondent No.2 born. Later on, strained relations arose between them and both were living separately. Respondent No.1 filed an application under Section 125 of Cr.P.C. for getting maintenance herself and to her daughter. The case was registered as Misc. Criminal Case No.56/2008. Learned Court of JMFC vide order dated 14/06/2010 dismissed the application so far as it relates to respondent No.1 and partly allowed the application in favour of respondent No.2 and directed the applicant to pay Rs.1,000/- per month to his daughter (respondent No.2) as maintenance allowance. Later on respondent No.1 filed divorce petition before the competent Court against the applicant and succeeded in getting divorce decree and at present respondent No.1 is not remained as wife of the applicant. Respondent No.2 is living with respondent No.1.

(3.) Respondent No.1, as a next friend of respondent No.2, again filed a petition under Section 127 of Cr.P.C. against the applicant for enhancement of maintenance allowance before the Principal Judge, Family Court, Seoni registered as Misc. Criminal Case No.33/2015. During pendency of this petition, the applicant remained absent. Learned Family Court vide order dated 13/05/2017 enhanced the amount of maintenance allowance from Rs.1,000/- to Rs.3,500/- for respondent No.2.