AJAY PAL SINGH RAJPUT Vs. NEELAM

JUDGEMENT

(1.) Heard finally with the consent of both the parties. This criminal revision under Section 401 of the Cr.P.C is directed against the order dated 23/06/2018 passed by the Principal Judge of the Family Court, Gwalior (M.P.) in Criminal Case No. 165/2017 whereby application under Section 125 of the Cr.P.C filed by the respondent/wife seeking interim maintenance has been allowed partly.

(2.) Brief facts leading to filing of this case are that marriage between the petitioner and respondent No.1 was solemnized on 29/05/2010 and out of their wedlock son/respondent No.2 was born on 15/04/2013. Petitioner filed an application under Section 13(1) of the Hindu Marriage Act which is pending before the Family Court, Gwalior (M.P.). Thereafter, respondents filed an application under Section 125 of the Cr.P.C claiming maintenance on the ground that petitioner is earning Rs. 51,789.60. After notice, reply was filed by the petitioner and denied that he is drawing salary of Rs. 51,789.60 but he is earning only Rs. 32,283/- and other family members are also dependent on him. It was further stated in the reply that respondent No.1 was earning Rs. 50,000/- from tuition and was working in a private school and earned sufficient amount to maintain herself and her child. On these grounds, it is prayed for rejection.

(3.) Learned Trial Court found that petitioner and respondent being husband and wife were residing separately. Petitioner had not been able to substantiate his claim that respondent was earning Rs. 50,000/- per month by imparting private tuition and working in a school while he admitted that he is working as Assistant Manager in State Bank of India and was earning Rs. 32,283/- per month as salary. The Trial Court came to the conclusion that that it was the primary duty of the husband to maintain his wife and child. Petitioner being an able bodied person and therefore it can not be said that he is not in a position to maintain his wife. Accordingly, the Trial Court allowed the application and granted Rs. 6,500/- to respondent No1/wife and Rs. 2000/- to respondent No.2/son and directed the petitioner to deposit the same on or before 10th of every month by way of cash or by depositing directly in her account.