IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN th ON THE 6 OF MARCH, 2024 CRIMINAL REVISION No. 991 of 2024 BETWEEN:-

1. SUMAN SAROJ RAJPUT W/O RAJENDRA PATEL, AGED ABOUT 34 YEARS, OCCUPATION: PRIVATE JOB PRESENTLY RESIDING AT H NO 62 WARD NO 54 GORAKHPUR THANA PURANA POLICE LINE P.S. GORAKHPUR DISTRICT JABALPUR (MADHYA PRADESH)

2. DHRUV PATEL S/O RAJENDRA PATEL, AGED ABOUT 10 YEARS, OCCUPATION: THROUGH HIS LEGAL AND NATURAL GUARDIAN SUMAN SAROJ RAJPUT (MOTHER) R/O H. NO. 62 WARD NO. 54 GORAKHPUR THANA PURANA POLICE LINE P.S.

GORAKHPUR JABALPUR (MADHYA PRADESH)

.....PETITIONERS (BY MS. ASHMAKI SINGH JASROTIA - ADVOCATE)

AND RAJENDRA PATEL S/O LATE SHRI RAMLAL PATEL, AGED ABOUT 34 YEARS, OCCUPATION: POLICE CONSTABLE R/O RAMESHWARAM COLONY UKHRI CHOWK P.S. KOTWALI DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENTS This revision coming on for admission this day, the court passed the following:

ORDER

The present revision has been filed challenging the order dated

30.12.2023 passed by the Family Court, whereby the application for grant of maintenance to the extent of son has been allowed directing payment of Signature Not Verified Signed by: RAJESH KUMAR Rs.3,000/- per month from 13.05.2019 onward.

2. Learned counsel for the petitioner submits that the Family Court has wrongly arrived at finding that the wife is able to maintain herself and is having sufficient sources of income and Family Court has erroneously held that the applicant - wife does not fall in the category of a person unable to maintain herself in terms of Section 125 Cr.P.C. It is stated that the Family Court has erroneously held that the applicant No.1 is having monthly income of Rs.20,000 per month.

3. I have heard learned counsel for the applicant.

4. The Family Court has held that the applicant No.1 - wife is a qualified Engineer and she admitted before the Family Court that prior to marriage she was working as Supervisor in Tata Commercial Body Building. The Family Court after consideration of evidence has further arrived at finding that after marriage the respondent - husband has taken loan of Rs.9,00,000/- and he is paying EMI of Rs.18,000/- for the payment of the said loan of Rs.9 lakh out of his salary of Rs.33,000/-.

5. It is further found by the Family Court that the aforesaid loan of Rs.9 lakh was utilized by the present applicant No.1- wife for establishment and improvement of her business of milling of pulses. The applicant No.1 admitted before the Family Court that she was running the said firm for milling of pulses, but stated that the said firm is in losses. However, it was duly established before the Family Court that the applicant No.1 is maintaining four wheeler car Creta and two wheeler Pulsar vehicle. She is also contesting cases for cheque bounce etc. in relation to her business of milling of pulses. Thus, the Family Court arrived at finding that the wife is a business woman.

Signature Not Verified Signed by: RAJESH KUMAR

6. The applicant No.1 further stated before the Family Court that she is now in a private service in a firm run by her relative. The husband alleged that she is running a modelling school, but the applicant No.1 stated that in fact, she was employed in that modelling school. The Family Court has also held that the applicant No.1 - wife has contested election to local body from Bulandsahar (U.P.). On the other hand, the respondent - husband is a Constable in M.P. Police and getting salary of Rs.33,000/- per month out of which he is paying Rs.18,000/- per month for the loan taken for business of the applicant No.1 -

wife.

7. The Family Court on the aforesaid facts has arrived at a finding that the wife is duly able to maintain herself. This finding does not appear to be erroneous. The Revision being devoid of merit stands dismissed (VIVEK JAIN)

JUDGE rj Signature Not Verified Signed by: RAJESH KUMAR