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2021 Supreme(MP) 448

VISHAL DHAGAT
Shikha Sharma – Appellant
Versus
Somit Sharma – Respondent


Advocates:
S.N. Vishwakarma for applicants; Abhijeet Singh for non-applicant/respondent.

ORDER

1. Applicants have filed this criminal revision being aggrieved by order dated 22.8.2013 passed in MJC No. 128/2011, by First Additional Principal Judge, Family Court Jabalpur (Smt. Shashikiran Dubey).

2. Application filed by applicants under section 125 of the Code of Criminal Procedure for grant of maintenance to them was dismissed by Family Court. Family Court has given a finding that non-applicant wants to keep applicants with him. He also get himself transferred to Mumbai and arranged for residence of applicants, but applicants themselves did not went to Mumbai to live along with non-applicant. It was held that non-applicant was earning money by working in a Private Company. He was getting salary of Rs. 26,500/-. Applicant No.1 is an educated lady and she has studied MBA and from Sagar University has done Master of Journalism and Communication, therefore, presumption was drawn by Family Court that she is able to maintain herself. Family Court further held that applicant no.1 is in possession of ATM Card of SBI Bank and she has also withdrawn money from that account. Non applicant has also given interim maintenance amount to applicant No.1 till January, 2014 and even when

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