Bina Devi, W/o. Amrendra Kumar Mehta @ Munna v. Amrendra Kumar Mehta @ Munna, S/o. Late Ram Chandra Mehta
2023-03-17
ANSHUMAN
body2023
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the petitioner and learned counsel for the opposite party. 2. The present Cr. Revision Application has been filed against the part of order dated 28.02.2017 passed in Maintenance Case No. 369(M)/2013(CIS)/ Case No. 21(M) of 2011 passed by learned Principal Judge, Family Court, Munger, by which, a sum of Rs.1200/- was directed to pay to three children of petitioner independently but the petitioner was not granted any maintenance amount in this case. 3. Learned counsel for the petitioner submits that this matrimonial case was filed by the petitioner and her children under Section 125 of Cr.P.C., in which, court was pleased to direct to fix the maintenance amount of Rs.1200/-per month each to the children of petitioner but not fixed any amount for the petitioner who is wife of opposite party and due to this reason she has filed the present Cr. Revision. 4. Learned counsel for the opposite party submits that opposite party had opposed the maintenance on two grounds. The first ground was that petitioner is living in adultery and the second ground he has taken is that opposite party belongs to poor family and petitioner had sold the landed property of family of opposite party and received Rs.4,69,000/- prior to 2011 which is exhibit A, A/1 & A/2 and she is enjoying the said money in her own purpose. In this regard, there is a detail discussion in the order sheet under challenge. 5. Upon hearing the parties and going through the records of the case, this Court is of the opinion that petitioner had already sold the landed property of her husband and his brother and received Rs.4,69,000/- prior to 2011 itself. 6. In this view of the matter, I am not inclined to interfere in the order passed by Principal Judge, Family Court, Munger and, as such, the Cr. Revision Application is hereby dismissed. 7. Opposite Party is directed to pay the entire money to his children in the Misc. Case.