RAMGOPAL Vs. PEMLATA AND ANOTHER

JUDGEMENT

(1.) This Criminal Revision Petition u/s 397 and 401 Cr.P.C has been filed against the order dated 25.9.2012 passed by the Presiding Officer, Family Court No.1, Jaipur in Petition No.227/2010, whereby application filed by the respondent no.1 under section 125 Cr.P.C for maintenance has been allowed against the petitioner for a sum of Rs.3000/- per month.

(2.) The contention of the petitioner is that admittedly the the marriage between the parties has been solemnized on 28.6.1974. From last one decade, parties are living separately in same house. The respondent no.1 filed an application under section 125 Cr.P.C. The court below granted Rs.3000/- per month as maintenance to respondent no.1. Hence this revision.

(3.) The contention of the present petitioner is that respondent is able to maintain herself as she is having rental income of Rs.6,400/- per month. She is also running shop from which she is earning Rs. 15,000/- per month. It is admitted case of the parties that they are living separately from last couple of years and the respondent no.1 is able to maintain herself, the impugned order is liable to be set aside.