1. Applicants have filed this revision under section 397 read with section 401 of CrPC, being aggrieved by the order dated 10.11.2017 [Annexure-A1] passed by the Principal Judge, Family Court, Khandwa in MJC No. 311/2016 whereby, the maintenance allowance awarded in favour of applicants.

2. Facts giving rise to this revision, in short are that, applicant No.1 Smt. Sevanti Bai is legally wedded wife of respondent Har Singh Rawat and out of this wedlock, daughter Archana/respondent No. 2 is born. The respondent neglected to maintain the applicants. When she lived in matrimonial home, she was ill treated and harassed, thereafter, she has been ousted from the matrimonial home. The respondent developed relationship with another lady Beenu Parihar. The petitioners are living separately from the respondent and the respondent is not maintaining the applicants. The applicants are not having any means of permanent earning, therefore, she filed an application under section 125 of CrPC, against the respondent/husband for grant of monthly maintenance allowance. The learned family Court vide impugned order dated 10.11.2017 awarded Rs. 2,000/- per month maintenance to each of the applicant.

3. The applicants have filed the instant revision for enhancing the amount of monthly maintenance on the ground that respondent is working as a Peon in Government Polytechnic College Sanawad, having Pakka house and five acares irrigated agriculture land at Sanawad, he is earning Rs. 6 lacs per year. The maintenance amount awarded by the Family Court is meager and pray to enhance the monthly maintenance Rs.10,000/- to each of the applicant.

4. Learned counsel for the respondent vehemently opposes the aforesaid prayer and submits that applicant No. 1 married with respondent, but the applicant No. 1 after marriage remained in matrimonial home only for one month and raised an objection that respondent is five years younger to her, she refused to live with the respondent. As per custom prevailing in Tribal's the marriage of the respondent with applicant No. 1 got dissolved 25 years ago. The applicant No. 1 never informed the respondent about the birth of applicant No. 2. The applicant No. 2 educated in computer and doing private job in Sanawad. The respondent after taking divorce from the applicant No. 1 got married with another lady and daughter Yamini was born out of that wedlock. The applicant No. 1 left the matrimonial home without any sufficient reason and prayed for dismissal of the revision.

5. Having heard both the parties and perused the record of MJC No. 311/2016. Both the parties adduced the evidence before the Family Court and thereafter, Family Court passed an order dated 10.11.2017 and awarded Rs. 2,000/- per month maintenance allowance to each of the applicant.

6. The applicant No. 1 in her statement stated that she got married with the respondent 25-26 years ago and remained in matrimonial home for 3-4 years. The applicant No. 2 born out of the said wedlock. The respondent performed the marriage with another lady and expelled and deserted the applicants. Applicant No. 1 was doing labour work and now she is sick, cannot do labour work as her health is not permitting to do the labour work. The respondent is in Government job and he is getting Rs. 20,000/- salary per month. The applicant No. 2 is not doing any work. In her cross-examination, she categorically stated that she has not taken divorce from the respondent.

7. The respondent in his statement in para stated that he has not taken divorce as per law. In para 5 he also stated that in his community at the time of divorce no written document has been prepared. The evidence of both parties goes to show that applicant No. 1 is wedded wife of the respondent and his previous marriage is in existence. It would be presumed that applicant No. 2 born out of the wedlock of applicant No. 1 and respondent, because this fact has not been rebutted by the respondent in his evidence. The respondent no w