DEEPAK JAIN Vs. USHA JAIN

JUDGEMENT

(1.) THESE two revisions arise out of the order dated 27.9.2010 passed by the learned Judge, Family Court, Jodhpur in Cr. Original Case No. 126/2002 "Usha Jain & Anr. Vs. Deepak Jain", whereby the learned Judge, Family Court has allowed the application filed by Smt. Usha Jain and Sonal (hereinafter to be referred to as 'the respondents -applicants') wife and daughter respectively of Shri Deepak Jain (hereinafter to be referred to as 'the petitioner -husband) under Section 125 Cr.P.C. and has directed "the petitioner -husband" to make payment of Rs. 1500/ - per month each to the respondents -applicants as maintenance allowance from the date of passing of the order. The petitioner -husband as well as respondents -applicants have assailed the order of the learned Judge, Family Court by filing these two cross revisions being Cr. Revision No. 901/2010 (Deepak Jain Vs. Usha Jain & Anr.) and Cr. Revision No. 435/2011 (Smt. Usha Jain & Anr. Vs. Deepak Jain).

(2.) THE respondents -applicants have challenged the order dated 27.9.2010 on the ground that the same suffers from a patent illegality inasmuch as the amount of maintenance was ordered to be paid only from the date of passing of the order and not from the date of filing of the application. The second contention of the respondents -applicants is that the amount of Rs. 1500/ - awarded to the two ladies as maintenance, is on the lower side.

(3.) SHRI J.S. Choudhary learned Senior Advocate assisted by Shri Pradeep Choudhary, assailing the order passed by the learned Judge, Family Court contended that the impugned order is absolutely illegal. It has been submitted that the learned Judge, Family Court without any justification proceeded ex -parte upon the application filed by the respondent/applicants and thus, wrongly awarded maintenance to them.