Nageshwar S/O Rameshchandra Gehlod v. Ritu W/O Nageshwar Gehlod
2024-04-13
PREM NARAYAN SINGH
body2024
DigiLaw.ai
ORDER : Prem Narayan Singh, J. This criminal revision has been filed by the petitioner under section 397 of Criminal Procedure Code being aggrieved by the judgment dated 11-3-2023, passed by learned Principal Judge Family Court, Indore in MJCR No. 23/2019, whereby the learned Judge has awarded maintenance of Rs. 5,000/- in favour of respondent No. 1 under section 125 of Criminal Procedure Code. 2. Learned counsel for the petitioner submitted that the learned Family Court has awarded maintenance of Rs. 5,000/- on higher side whereas the petitioner is indulged in the work of readymade sell of cloths, he is having two sons from earlier wife also, he has also liability of his old age mother. Hence, the learned family Court has awarded the maintenance on high side. Therefore, order of maintenance has wrongly been passed and deserves to be set aside. 3. None for the respondents since last two consecutive dates even after service of notice. 4. Heard learned counsel for the petitioner and perused the record. 5. Looking to the income of the petitioner, and the fact that respondent has received Rs. 2.5 Lakhs from her earlier husband also, the maintenance amount of Rs. 5,000/- seems to be on higher side. Accordingly, this petition stands disposed of with a direction that the maintenance amount awarded by the family Court is reduced from Rs. 5000/- to Rs. 4,000/- and the petitioner/husband shall pay Rs. 4,000/- per month to the respondent/wife. Remaining part of the order of family Court shall remain intact. 6. With the aforesaid, present petition stands disposed of.