Ramesh Kumar Sahu vs Smt. Duleshwari Sahu

With the consent of Learned Counsel appearing for the parties, the revision is heard and decided finally.

This revision has been preferred against the order dated 13.6.2017 passed by the Family Court, Durg in Criminal M.J.C. No.729 of 2016, whereby

the Family Court has partly allowed the application under Section 125 of the Cr.P.C. for grant of maintenance filed by the Respondents and has

directed the Applicant to pay maintenance of Rs.2,000/- per month to Respondent No.1/wife and that of Rs.5,000/- per month to Respondent

No.2/daughter.

 3. Facts of the case, in brief, are that the Respondents had filed an application under Section 125 of the Cr.P.C. on the ground that the marriage

between the Applicant and Respondent No.1 had solemnised on 27.4.2009. After the marriage, Respondent No.1/wife was subjected to cruelty for

demand of dowry by the Applicant/husband. He time and again ill-treated Respondent No.1 after consuming liquor. Being aggrieved by the ill-

treatment, Respondent No.1/wife left the house of the Applicant/husband and is living separately in a rented house. She is unable to maintain herself.

A reply to the said application was filed by the Applicant. Vide the impugned order dated 13.6.2017, the Family Court has allowed the application in

part and granted maintenance as mentioned above. Hence, this revision.

It is submitted by Learned Counsel appearing for the Applicant that Respondent No.1/wife is working on the post of Panchayat Sachiv (Panchayat

Secretary) and is getting salary of Rs.8,000/- per month. Therefore, she is not entitled for grant of maintenance. The maintenance granted in favour of

Respondent No.2/daughter is on higher side.

Per contra, Learned Counsel appearing for the Respondents supports the impugned order and submits that the order of maintenance is just and

proper.

I have heard Learned Counsel appearing for the parties and perused the record with due care.

It is not disputed that the Respondents, i.e. the wife and the daughter of the Applicant are residing separately from him for adequate reasons.

Though Respondent No.1/wife is getting salary of Rs.8,000/- per month yet from the evidence on record it is clear that she is residing along with her

daughter/Respondent No.2 in a rented house at Bhilai. Therefore, it cannot be said that the amount of Rs.8,000/-, which she is getting as salary, is

sufficient to maintain herself and her daughter. It is an admitted fact that the Applicant is working in Army. Learned Counsel appearing for the

Applicant admits that the Applicant is getting salary of about Rs.30,000/- per month. Looking to the income of the Applicant, the order of maintenance

of Rs.2,000/- per month in favour of Respondent No.1/wife and Rs.5,000/- per month in favour of Respondent No.2/daughter is just and proper and

the same does not warrant any interference.

Consequently, the revision is dismissed.

Record of the Court below be sent back along with a copy of this order.