PRIYANK JAIN Vs. DEEPALI JAIN AND ANOTHER

JUDGEMENT

(1.) The applicant has filed this revision petition under Section 397/401 of Cr.P.C being aggrieved by the order dated 17.09.2018 passed by IInd Principal Judge, Family Court, Jabalpur in MJCR No.401175/2017, whereby, the learned Family Court ordered the applicant-Priyank Jain to pay maintenance allowance to the respondent No.2 Ku. Aarnavi Jain, his minor daughter at the rate of Rs.15,000/- per month.

(2.) Facts giving rise to this revision, in short are that, out of the wedlock of applicant and respondent No.1, the respondent No.2 was born. It is undisputed fact that the applicant and respondent no.1 both are working in government service. The relationship between applicant and respondent No.1 become strained and thereafter, they are living separately. The respondent No.2 being minor child of three years lived with the respondent no.1. The respondent No.1 filed an application under Section 125 of Cr.P.C., for getting maintenance before Principal Judge, Family Court, Jabalpur registered as MJCR No.401175/2017. During pendency of the application, the respondent No.1 prayed for granting interim maintenance to the respondent no.2. Learned Family Court vide impugned order dated 17.09.2018, awarded interim maintenance to the respondent No.2/minor at the rate of Rs.15,000/- per month.

(3.) Being aggrieved by the impugned order dated 17.09.2018, the applicant has filed this revision on the ground that the respondent No.1 is also working as Assistant Engineer in the same cadre in which the applicant is posted. She can maintain her daughter/respondent no.2. There is no need of maintenance allowance. The applicant alleged that in Civil Suit No.26-A/2016, the Family Court Anuppur has already ordered for maintenance at the rate of Rs.4,000/- per month for the respondent No.1 and 2 respectively. It is obligation on the respondent no.1 to maintain her daughter because daughter/respondent no.2 is living with her mother/respondent no.1 and she is having sufficient source of income. The learned trial Court has not appreciated this fact properly and wrongly ordered for maintenance allowance at the rate of Rs.15,000/- per month.