ARTI AND ANOTHER Vs. SACHIN

JUDGEMENT

(1.) The applicants have filed this revision under Section 397 read with Section 401 of Cr.P.C. against the respondent being aggrieved by the order dated 18/5/2018 passed in M.J.C. No.69/2017 by Principal Judge, Family Court, Raisen whereby Family Court dismissed the application filed under Section 125 of Cr.P.C. by the applicants for getting monthly maintenance allowance from the respondent.

(2.) The facts giving rise to this revision, in short, are that applicant No.1 got married with respondent and applicant No.2 born out of that wedlock. It is alleged that respondent beat applicant No.1 for not fulfilling the demand of dowry. Applicant No.1 is living with her parents along with applicant No.2 as the applicants have not been maintained by the respondent, hence she filed an application under Section 125 of Cr.P.C. for getting monthly maintenance allowance. Learned Family Court vide order dated 18/05/2018 dismissed the application filed by the applicant.

(3.) Being aggrieved by the impugned order the applicants have filed this criminal revision on the ground that learned Family Court has not appreciated the evidence properly. The applicant No.1 is taking due care of her younger baby i.e. applicant No.2. The respondent is serving in Nagar Nigam, Bhopal earning Rs.50,000/- per month. Previously applicant No.1 was working as Aaganwadi Worker but since 2015 she has been removed from the service, therefore, she is not having any means of earning. The respondent is capable to maintain her and her daughter. The applicants in this revision have prayed for enhancement of maintenance allowance instead of setting aside of the impugned order and grant of maintenance amount.