ROHITASH PAL Vs. MADHU LATA PAL AND ANR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner under section 397/401 Cr.P.C. against the order dated 10.11.2009 passed by Judge Family Court Kota in criminal misc. case No. 683/2008 whereby awarded Rs. 2700/- per month for maintenance and Rs. 37800/- was to be paid in five installments ( as dues of 14 months from date of filing of the application under section 125 Cr.P.C.) of Rs. 7560/- every three months.

(2.) Brief facts of the case are that the marriage of the petitioner and non-petitioner No.1 was solemnized on 18.11.2005 as per Hindu Rites. Out of this wedlock she gave birth to a female child on 1.12.2009. It is alleged in the revision petition that the non-petitioner No.1 left the husband's house without any permission and cogent reasons. After making some efforts she came back from her maternal house but her behaviour and attitude with the petitioner was not and she used to quarrel with the petitioner on very small things. The petitioner filed a petition under section 9 of the Hindu Marriage Act for restoration of conjugal rights in the family court Kota. The non-petitioner No.1 lodged a complaint against the petitioner for the offence under section 498 A , IPC. On the application under section 125 Cr.P.C. filed before the Family Court, the Family Court awarded maintenance to the non-petitioner Rs. 2,000 per month and Rs. 700 for her daughter total Rs. 2700/- vide order dated 10.11.2009 from the date of filing of the application.

(3.) The learned counsel for the petitioner has contended that the order allowing the non-petitioner Rs. 2700/- as maintenance is illegal as the non-petitioner No.1 is residing with her parents on her own will. Besides this the petitioner also raised various grounds in his petition.