CHANDAR Vs. VINITA

JUDGEMENT

(1.) The applicant has preferred this revision petition under Section 19(4) of the Family Court Act alongwith Section 397/401 of the Cr.P.C. being aggrieved by the order dated 21/04/2017, passed by Principal Judge, Family Court, Rajgarh (Bioara) in Criminal MJC No. 105/20167, whereby the application filed by the respondent No.1 has been allowed and the applicant was directed to pay maintenance amount to the respondents to the tune of Rs.5,000/-, Rs.7,000/- and Rs.7,000/- per month respectively.

(2.) Briefly stated the facts leading to filing of the instant application are that the marriage of the applicant and respondent No.1 was solemnized on 04/11/2004 as per Hindu rituals and customs and respondent Nos. 2 and 3 are the sons born out from their wedlock. After the marriage applicant persistently make a demand of Rs.10.0 Lacs from the respondent No.1 and used to ill treated her and when the said demand is not met out, the applicant showed the door to the respondent No.1 on 16/12/2012, since then respondent No.1 alongwith her children started living separately in her parental house. The respondent No.1 has pleaded that she is not having any source of income to maintain herself as well as her children, therefore, she moved an application under Section 125 of the Cr.P.C., before Family Court in order to get maintenance. Respondent No.1 has also pleaded that the applicant has not made any arrangements for maintenance of respondent No.1 and her children. The applicant is doing the garments business, therefore, a prayer was made for directing the applicant to pay Rs.30,000/- as maintenance amount to the respondents.

(3.) The applicant denied all the averments made in the application and submitted that he never demanded any money from the respondent No.1. It is also submitted that the respondent No.1 is suffering from Asthma and she did not disclose this fact to the applicant. Respondent No.1 is living separately from the applicant alongwith her children out of her own will. The applicant is ready to keep respondent No.1 with him. She is able to maintain herself and respondent Nos. 2 and 3.