DEVENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both these revisions are being decided by this common order as the same issue has been arising in both the revisions. For the sake of brevity, the facts are being taken from Criminal Revision No.113/2015 (Devendra Singh Vs. State of Madhya Pradesh and another) reproduced as under.

(2.) The applicant has filed this revision under Section 397/401 of the Cr.P.C. being aggrieved by the order dated 11.11.2014 passed by Principal Judge, Family Court, Bhopal, District-Bhopal in Miscellaneous Criminal Case No.321/2012 whereby application filed by respondent no.2 under Section 125 of the Cr.P.C. has been allowed and applicant has been directed to pay maintenance amount of Rs.3000/- per month to his wife/respondent no.2

(3.) Brief facts of the case, in short, are that respondent no.2 is a legally weded wife of the applicant. After marriage respondent no.2 lived with the applicant but after sometime their relation turned soul. The applicant and his relatives started demanding dowry, thereafter respondent no.2 left her matrimonial home and started residing in her parental house since then she is living alone. The applicant is not taking care of her nor maintaining her, she is not having any means to maintain herself. The applicant is having a sufficient means of earning. The respondent no.2 filed an application before the family Court, Bhopal under section 125 of Cr.P.C.. The Principal Judge of Family Court, after hearing both the parties finally passed an order dated 11.11.2014 which is impugned here and allowed the application and directed the applicant to pay maintenance amount as mentioned above.