Kaushal Sharma S/O Shri Dayashankar Sharma vs Khushi D/O Kaushal Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(MP) 644

MANINDER S. BHATTI
Kaushal Sharma S/O Shri Dayashankar Sharma – Appellant
Versus
Khushi D/O Kaushal Sharma – Respondent

Advocates Appeared:
For the Appellant :Shri Ankit Saxena, Advocate;
For the Respondent: SHRI RAMANUJ CHOUBEY

ORDER :

This Criminal Revision has been filed challenging the order dated 14/02/2018 passed in MJCR No.299/2015 by Principal Judge, Family Court, Sihore by which the Family Court has directed the present petitioner to pay a sum, of Rs.4,000/- per month as maintenance to respondent No.1.

2. Learned counsel for the petitioner submits that respondent No.2 approached the Family Court by way of an application under Section 125 of Cr.P.C. in which the present respondents were arrayed as applicant No.1 and 2. It was submitted in the application that after marriage of the petitioner with respondent No.2 on 07/05/2009, respondent No.1 was born out of their wedlock. Thereafter, respondent No.2 at her matrimonial house was subjected to cruelty, therefore, subsequent events ensued in filing of an application under Section 125 of Cr.P.C. which has been allowed in respect of respondent No.1.

3. It is contended by the counsel that the order passed by the Family Court, Sehore suffers from perversity as the Court was required to appreciate as to whether respondent No.1 is biological daughter of the present petitioner or not. It is contended by the counsel that respondent No.2 was suffering from a gyne