RAMDEVI TIWARI AND ORS. Vs. MAHESH PRASAD TIWARI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner under Sec. 397 read with Sec. 401 of the Cr.P.C, being aggrieved by the order dtd. 6/8/2016, passed by Principal Judge, Family Court, Chhatarpur, in MJC No. 217/2014, whereby the application filed under Sec. 125 of the Cr.P.C., has been allowed granting total monthly maintenance allowance of Rs.7,000.00 to all the petitioners. The petitioners by way of this petition, are claiming enhancement of the said maintenance allowance.

(2.) Facts necessary for disposal of this petition, in short, are that the petitioner No. 1 is the legally married wife of respondent and petitioner Nos. 2 to 4 were born from this wedlock. The respondent is working in Archaeological Department under Central Government, at Khajuraho, Chhatarpur, drawing monthly salary of Rs.24,000..00 It is further the case of the petitioner that the respondent is having illegal relations with another lady and on that account, the petitioners are residing separately from the respondent. The petitioners have filed an application under Sec. 125 of the Cr.P.C., for grant of monthly allowance before Family Court, Chhatarupur, which has been disposed of vide order dtd. 6/8/2016, with a direction to respondent to pay Rs.2,000.00 per month to the applicant No. 1, Rs.2,000.00 each to applicant Nos. 2 and 3 and Rs.1,000.00 to the applicant No. 4. The petitioners have challenged this order on the ground that the amount awarded by the Family Court is too meagre to meet out the daily requirements. The respondent is drawing Rs.24,000.00 per month as salary. Her daughters respondent No. 2 is aged 23 years and No. 3 aged 21 years, and studying in college. The Family Court has not appreciated this aspect while passing the impugned order. Hence prayed for enhancement of the amount awarded as monthly maintenance allowance.

(3.) The learned Counsel for the respondent opposed the prayer and submitted that the maintenance amount awarded by the Family Court, after considering the facts and circumstances of the case, is proper.