ALKA DABI Vs. PREM PRAKASH DABI

JUDGEMENT

(1.) THESE three appeals arise out of the judgment dated July 9, 1990. passed by the Judge, Family Court, Jodhpur.

(2.) SMT . Shanti Dabi W/o Prem Prakash Dabi and the mother and natural guardian of Miss Alka Dabi, Kavindra Dabi and Himanshu Dabi, on May 26, 1989, filed three applications under Section 125 Cr. PC. in the Court of the Judge, Family Court, Jodhpur, for the grant of the maintenance to her minor sons and daughter. The case, as set -up in the applications, is that Smt. Shanti Devi Dabi was married to Prem Prakash Dabi on April 21, 1969, and out of this wed -lock, Ravindra was born on July 28, 1973, Miss Alka was born on Sept. 6, 1974 and Himanshu was born on May 30,1979. It was averred in these applications that the non -petitioner Prem Prakash Dabi treated their mother Smt. Shanti Dabi with gruelity and filed an application for judicial separation on flimsy grounds in the court of the learned District Judge, Jodhpur. He has, also, kept one mistress -Bunder by name and his treatment towards the applicants as well as towards their mother was not proper and he used to give beatings to them. The applicants are students and -in order to maintain themselves as well as for persuing their education, they have no source of income while the non -petitioner Prem Prakash Dabi is working in Public Health and Engineering Department and is drawing the salary to the tune of Rs. 2500/ - and, also, owns and possesses two houses in Nersingh Dhara and one plot situated in Basni area, Jodhpur. The aforesaid house situated in Narsing Dhara contains some shops as well as the residental accommodation. He is, also, getting Rs. 600/ - per month as the rent form these shops and the. residential accommodation. It was, also, mentioned that the non -petitioner Prem Prakash is, also, running a business in the threads in the name and style of 'Perfect Threads' and has obtained the agency of these threads and is earning about Rs. 2000/ - per month from this business. According to the applicants, the income of the non -petitioner Prem Prakash Dabi is about Rs. 3100/ - per month and, therefore, maintenance may be awarded to each of the applicants to the tune of Rs. 300/ - per month each. These three applications were registered as Criminal Miscellaneous Case No. 140/19 (Alka v. Prem Prakash, 141/89 (Kavindra v. Prem Prakash) and 143/89 (Himanshu v. Prem Prakash). The non -petitioner Prem Prakash, on the other hand, contested these applications. It was averred in the reply, that it is wrong to say that he cruelly treated their mother Smt. Shanti Dabi. It was, also, denied that he is keeping any mistress by name Sunder. On the contrary, it was pleaded that he used to give due love and affection to all the applicants and ready and willing to keep them with him. It is only on account of Smt. Shanti Dabi that they are not living with him. He is ready to keep Smt. Shanti Dabi and all the applicants with him. It was, also, denied that he used to take liquor. Desertion on the part of the non -applicant was, also, denied and it was pleaded that wrong averments have been made by the applicants in their applications at the instance of their mother Smt. Shanti Dabi. The income of Rs. 3100/ - per month to the non -applicant was, also, denied and it was stated that his income is only to the tune of Rs. 2000/ - per month and he and his mother both are not keeping fit and sufficient amount is being spent on their treatment. It was, therefore, prayed that the applications, filed by the applicants under Section 125 Cr. P.C. may be dismissed.

(3.) WE have heard the learned Counsel for the appellants and the learned Counsel for the non -petitioner/respondent Prem Prakash, and perused the order passed by the Court below as well as the record of the case.