Madhya Pradesh High Court
Makhan vs Smt Darshana on 26 February, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 26 th OF FEBRUARY, 2024
CRIMINAL REVISION No. 554 of 2019
BETWEEN:-
MAKHAN S/O SHRI BABULAL JI, AGED ABOUT 28
YEARS, OCCUPATION: DRIVER 23, MUSAKHEDI, GULAB
BAGH COLONY DISTT INDORE (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE APPLICANT)
AND
1. SMT DARSHANA W/O MAKHAN MEWADA, AGED
ABOUT 25 YEARS, OCCUPATION: HOUSEWIFE 23,
MUSAKHEADI GULAB BAGH COLONY DISTT
INDORE (MADHYA PRADESH)
2. HARSHAL S/O MAKHAN MEWADA (MINOR AGE 4
YR)THROUGH NATURAL GUARDIAN MOTHER
SMT. DARSHANA W/O MAKHAN MEWADA, AGED
ABOUT 25 YEARS, OCCUPATION: HOUSEWIFE 23
MUSAKHEDI, GULAB BAGH COLONY DISTT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
T h is revision coming on for orders this day, t h e cou rt passed the
following:
ORDER
It is noted from the order-sheet dated 22.01.2024 that no one appeared
on behalf of the applicant. The present revision is pending since 2019.
Considering the same, matter is considered on merit.
2. The present revision is filed under Section 19(4) of Family Court Act
against the order passed by 2nd Additional Principal Judge, Family Court,
Indore in MJC No.792/2015 on 12.12.2018 whereby the Family Court allowed
the application of respondents under Section 125 of Cr.P.C. for maintenance.
Applicant is directed to give Rs.3000/- to the respondent No.1 and Rs.2000/- to
the respondent No.2 as maintenance.
3. Facts of the case are that applicant and respondent No.1 are married
by customary law on 13.03.2009. After sometime of marriage applicant
quarrelled with respondent and beaten her and on 22.02.2015 she lodged a
report before Police Station. Thereafter respondent filed an application under
Section 125 of Cr.P.C. for maintenance. Being aggrieved by the said judgment
the Family Court has awarded Rs.3000/- for the respondent No.1 and Rs.2000/-
to the respondent No.2 as a maintenance.
4. The respondent filed an application under Section 125 Cr.P.C. for
maintenance for herself and also for minor son respondent No.2. It is not in
dispute that the respondent No.1 is married wife of the applicant and the
respondent No.2 is a child out of the said wedlock. The marriage had taken
place on 13.03.2009 as per the Hindu rituals at Indore. Out of their wedlock, the
respondent No.2 born. The non-applicant No.1 alleged that after the marriage of
1 to 2 months, the applicant behaved properly with her, but thereafter he started
to beat her and was talking with the other girls. She also lodged a report
regarding marpit Ex.P/1 and because of the same, she had started living
separately. The applicant alleged that he had seen the respondent No.1 in a
compromise condition with his nephew. He objected to that, but she continued
with her conduct. The trial Court after evaluating the entire evidence recorded a
finding that the respondent No.1 had withdrawn herself from the company of
the applicant for reasonable reasons and, therefore, she was living separately.
The trial Court further decided that the applicant had admitted that he was
working as a Driver of Hans Travels and earns about Rs.8,000-10,000/- per
month. Considering the aforesaid admission by applicant, the Court held that
the income of the applicant is Rs.8000-10,000/- per month. Considering the
same, Court directed for maintenance of Rs.3000/- to the respondent No.1 and
Rs.2000/- to the respondent No.2 till he attains majority from the date of order.
5. This Court does not find any error in the order impugned. The
revision is dismissed.
(VIJAY KUMAR SHUKLA)
JUDGE
soumya
