Lokesh vs Smt. Vaishali
2023 Latest Caselaw 6116 MP

                                1

 IN THE HIGH COURT OF MADHYA PRADESH
                        AT I N D O R E
                            BEFORE
   HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA

                ON THE 17th OF APRIL, 2023

           CRIMINAL REVISION No. 4300 of 2022

BETWEEN:-
LOKESH S/O PANSINGH VASUNIYA, AGED ABOUT 32 YEARS,
OCCUPATION: NOKRI RAMKRISHNA NAGAR JHABUA
(MADHYA PRADESH)
                                                .....PETITIONER
(BY MS. SUMANLATA TAMRAKAR, ADVOCATE)

AND
   SMT. VAISHALI W/O LOKESH VASUNIYA OCCUPATION:
1. HOUSEWORK RATIMALI KESAR BAG PARA TEHSIL AND
   DISTRICT JHABUA (MADHYA PRADESH)
   DARSHIT MINOR THROUGH NATURAL GUARDIAN SMT.
   VAISHALI VASUNIYA W/O LOKESH VASUNIYA OCCUPATION:
2.
   HOUSE WORK RATIMALI KESAR BAG PARA TEH. AND DISTT.
   JHABUA (MADHYA PRADESH)
                                             .....RESPONDENTS
(NONE FOR THE RESPONDENTS)
      This revision coming on for admission this day, the court
passed the following:

                            ORDER

Heard on admission.

This criminal revision has been filed under Section 19(4) of the Family Courts Act, 1984, read with Section 397 and 401 of the Code of Criminal Procedure, 1973.

The present revision has been filed being aggrieved by order dated 15.10.2022 whereby the family Court has awarded

maintenance of Rs.6000/- per month to the non-applicant No.1/wife and Rs.3000/- per month to the non-applicant No.2 Son till he attains the majority.

The facts of the case are that the marriage of the applicant with the non-applicant was solemnized in the year 2018 as per hindu rites and rituals and out of the said wedlock, the non- applicant No.2 was born out. The applicant is posted as a constable in the police department.

Counsel for the applicant submits that the non-applicant No.1 is working as a Nurse and therefore the maintenance should not have been awarded to the non-applicant No.1. He further submits that the applicant had given the cash amount of Rs.75,000/- along with silver ornaments worth Rs.10.00 lacs and gold ornaments of Rs.5.00 lacs and clothes of Rs.25,000/- have been given to the non-applicant/wife.

This Court had called the record of the family court. Upon perusal of the record and the details mentioned in the application and affidavit filed by the non-applicant, as per requirement of Judgment passed by Hon'ble Apex Court in the case of Rajnesh Vs. Neha and Another (2021) 2 Supreme Court Cases 324 the non-applicant/wife has stated that she is house-wife and she had furnished the details of the expenses. The present applicant has also filed the affidavit and in the dependent column he had marked cross and did not make any mention of the name of non-applicant. He further did not state in the application that the non- applicant/wife is working as Nurse. He has admitted that he is working as Constable in the Police Department. Upon perusal of the record, it is evident that no documentary evidence was

produced by the applicant to show that the non-applicant/wife was working as Nurse. The family court has recorded the finding that the gross salary of the applicant is Rs.32,125/- and net salary is Rs.28,160/-.

Considering the same, the family Court has awarded Rs.6000/- per month as maintenance to the non-applicant No.1/wife and Rs.3000/- per month to the non-applicant No.2 - son till he attains the majority. The maintenance order passed by the Family Court is reasonable and just. Hence no interference is called in the revisional jurisdiction. Accordingly the criminal revision filed by the applicant stands dismissed.

                                                  (VIJAY KUMAR SHUKLA)
   Arun/-                                               JUDGE

Digitally signed by
ARUN NAIR
Date: 2023.04.18
10:52:02 +05'30'