HEMA Vs. KANTILAL

JUDGEMENT

(1.) The applicants have preferred this revision petition under Section 19(4) of the Family Court Act, 1984 being aggrieved by order dated 12/12/2017 passed by Additional Principal Judge, Family Court, Ujjain in Criminal MJC No. 88/2016, whereby the application filed by the applicant No.1 under Section 125 of the Cr.P.C. for grant of maintenance has been partly allowed by directing the non-applicant to pay Rs.5,000/-per month to the applicant No.2; whereas rejecting the prayer for maintenance of applicant No.1. Accordingly, the applicants have filed the present revision petition for enhancement of the maintenance amount.

(2.) The necessary facts for disposal of this revision petition are that applicant No.1 and her minor son Adarsh had filed an application under Section 125 of the Cr.P.C. against the non-applicant on the ground that marriage of non-applicant and applicant No.1 was solemnized on 29/06/2000 as per Hindu rituals and customs at Inodre. On 03/09/2013, applicant No.2-Adarsh was born out from the wedlock of applicant No.1 and non-applicant. Till the birth of applicant No.2, the behaviour of the non-applicant towards the applicant No.1 was cordial. Thereafter, applicant No.1 came to know that non-applicant is still in touch with her previously divorcee wife, he has provided a house to his first wife and also borne her expenses. When applicant No.1 objected to the non-applicant to keep relations with his first wife then non-applicant told her that he will keep the relations with his first wife and she can do whatever she want to do, he also threatened to kill her. The non-applicant kicked the applicant No.1 alongwith applicant No.2 from her matrimonial house since 2015 and he has not made any arrangements for livelihood of applicants. Applicant No.1 is less educated lady, therefore, she is not having sufficient source of income to maintained herself and her child. The applicant No.2 is a student of class IInd in Ujjain Public School and she has to pay Rs.1200/- per month as tuition fee. The non-applicant is doing a business of cable and laundry and he is earning Rs.1.0 Lacs per month. Accordingly, a prayer for grant of maintenance of Rs.15,000/- per month for applicant No.1 and Rs.10,000/- per month for applicant No.2 was made.

(3.) Non-Applicant has filed the reply of application filed under Section 125 of the Cr.P.C. and he admits that applicant No.2 is studying in Ujjain Public School. However, non-applicant submits that applicant No.1 is not his legally wedded wife and stated that he was earlier married to one Julie @ Premlata as per Hindu rituals and customs. After the marriage Julie @ Premlata is living with the non-applicant at House No. H 9/4, Rishinagar, Ujjain and one son and daughter was born out from their wedlock, who was presently aged about 24 years and 22 years respectively. It is further pleaded that applicant No.1 earlier married to one Kishore @ Munna S/o Ghasilal resident of Ujjain and after sometime of the marriage, Kisore went away to some unknown place leaving the applicant No.1. Thereafter, applicant No.1 contacted Natra with one Shyam S/o Ratanlal Resident of Prakash Nagar, Ujjain she remained with him for a period of 7 to 8 months and after that she left him. Thereafter, applicant No.1 was come to the contact of non-applicant and they made physical relations, due to which applicant No.2 is born out. Non-applicant spent huge amount on applicant No.1 and he also purchased a house for living of applicant No.1 . In the year 2005, he got seriously injured in an accident and went into coma, during which applicant No.1 has not take care of him. His wife Julie @ Premlata made arrangements for his treatment and she is also looking after him. Applicant No.1 is not his legally wedded wife, thus, she is not entitled for getting any maintenance amount from the non-applicant, therefore, he prays for rejection of the application.