PRAVEEN BAJPAI Vs. AYUSHI BAJPAI

JUDGEMENT

(1.) This criminal revision has been preferred under Section 397 / 401 on 10.04.2017 against the order dated 11.01.2017 passed by Principal Judge, Family Court, Mandla MJC No. 28/2016.

(2.) Facts of the case are as under :-

(3.) It is submitted by the counsel for the applicant that the Family Court, Mandla committed mistake by entertaining the application. Initially, the order was passed by Gram Nyaylaya, therefore, application under Section 127 of CrPC should be filed before the same court i.e. Gram Nyaylaya. The Family Court was not having any jurisdiction for alteration and modification in the order passed by Gram Nyaylaya. The order passed by Family Court is illegal. The court also committed error of law and facts. Without any justification, the Family Court awarded 2,500/- 2,500/- per month as maintenance to each of the applicants. The applicant is an unemployed person, living below poverty line and was not having any source of income. The trial court ignored the evidence and the documents filed by the applicant. The presumption of earning capacity of applicant is without any material and without any enquiry. The trial court committed grave error of law and facts by imposing the liability upon the applicant to pay total maintenance amount of Rs. 5,000/- per month to both the applicants. Therefore, the order dated 11.07.2017 (Annexure P-5) be set aside.