NRAPAL JATAV Vs. SARASWATI

JUDGEMENT

(1.) The criminal revision under Section 397 and 401 of Cr.P.C. has been filed against the order dated 27.08.2019 passed by the Principal Judge, Family Court, Morena in Miscellaneous Judicial Case No.177/2017, whereby the application filed under Section 125 of Cr.P.C. claiming maintenance by wife and her children has been allowed.

(2.) It is alleged by counsel for the petitioner that the husband is a labour and is earning with great difficulty. He is only earning a meager amount. It is stated that in the reply to the application filed, he has specifically stated that the husband is labour and is earning very small amount of approximately 5-6 thousand a month. The aforesaid aspect was not considered by learned Family court and has awarded maintenance to the tune of Rs.3,000/- for wife and Rs.1000/- for each three children. It is further alleged that the marriage was got done from Sammelan and there is no demand at any point of time. The arguments advanced by counsel for the petitioner were not considered by the trial Court and outrightly order of maintenance has been passed. Learned Family Court has observed in para 16 of the judgment that it is alleged that learned trial Court has recorded a finding that the applicant is doing work as Karigar (skilled labour) and is earning Rs.30,000/- per month and in hypothetical manner the trial Court has considered the income of the petitioner to be Rs.30,000/-. It is submitted that he is a labour and is not able to pay maintenance which is equal to total earning of the month. He has prayed for setting aside the impugned order.

(3.) Per contra, learned counsel for the respondents No.1 to 4 has denied the averments made by the petitioner and submitted that the order passed by the trial Court is well reasoned and justified order. It is further submitted that there is specific finding given by the trial Court in para 16 to the effect that the petitioner is Karigar (skill labour) and is earning Rs.30,000/- per month. Therefore, award of Rs.3000/- for wife and Rs.1000/- towards each children (in all the three children) i.e. the total maintenance award is very small amount looking to the present scenario. It is further contended that the learned trial Court has considered the aspect that the petitioner is not giving the correct statement before the Court as reflected in paras 9 and 10 of the impugned order. In these circumstances, the impugned order has been passed and may not be called for interference. He prayed for dismissal of the revision.