MOHD. JAKIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned Counsels for the parties.

(2.) The present revision petition has been filed by the petitioner against the order dated 12018 in Criminal Misc. Case No. 16 of 2016 whereby, learned Judge, Family Court, Banswara allowed the application filed by the respondents under Sec. 125 Crimial P.C., 1973 directing the petitioner to pay maintenance in the sum of Rs. 2500.00 per month to respondent wife, Rs. 2000.00 to respondent son and Rs. 1500.00 each to respondent daughters, thus Rs. 9000.00 in total.

(3.) Learned Counsel for the petitioner submits that the respondent No. 2 herself left the matrimonial house of the petitioner alongwith children, therefore, there is no question of granting any alimony to respondent No. 2 It is further argued that petitioner has remarried and out of said wedlock two children were born, therefore, he is unable to pay the amount of maintenance as ordered by the Court below is also submitted that the respondent has filed the application only with a view to harass the petitioner, and therefore, the impugned order is liable to be quashed and set aside.