GYATRI DEVI Vs. HARISH KUMAR

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioners against the order dated 15.01.2018 passed by learned Family Judge, Sriganganagar in Cr. Misc. Case No.135/2016 by which the learned Judge has rejected the application filed by the petitioners under Section 125 Cr.P.C. for awarding the maintenance.

(2.) Counsel for the petitioners submits that the learned Family Court while rejecting the application for maintenance has neither assigned any cogent reason nor considered the fact that out of the wedlock of petitioner-wife and respondent three children were born and they are living with the petitioner-wife. The learned Family Court has not awarded any maintenance even in favour of the three minor children. The learned Family Court has drawn a wrong presumption and thereby rejected the application under Section 125 Cr.P.C.

(3.) Per contra, learned counsel for the respondent-husband submits that the learned Family Court has considered the matter in all aspect and has rightly rejected the application under Section 125 Cr.P.C. The learned Family Court has passed a reasoned order, which does not require any interference at the hands of this Court.