IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE PREM NARAYAN SINGH rd ON THE 3 OF MAY, 2023 CRIMINAL REVISION No. 4507 of 2018 BETWEEN:-

1. SMT. SIMA THAKUR W/O SHRI UMESH SINGH THAKUR D/O LATE CHHOTE SINGH THAKUR, AGED ABOUT 28 YEARS, OCCUPATION: HOUSEWIFE, R/O INFRONT OF DUBEY JI KA BADA, DURGA MANDIR, FUTATAL, DIST.

JABALPUR (MADHYA PRADESH).

2. PRINCE THAKUR S/O UMESH THAKUR, AGED ABOUT 7 YEARS, MINOR THROUGH NATURAL GUARDIAN MOTHER SMT. SIMA THAKUR R/O INFRONT OF DUBEY JI KA BADA, DURGA MANDIR, FUTATAL, DIST. JABALPUR (MADHYA PRADESH).

.....PETITIONERS (BY MS. SAVITA CHOUDHARY - ADVOCATE )

AND UMESH SINGH THAKUR S/O LATE PHOOL SINGH THAKUR, AGED ABOUT 38 YEARS, R/O. 856, RATHI COLONY, PURVI NIWADGANJ, MAHATMA GANDHI WARD, DISTRICT- JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI ASHISH RAWAT - ADVOCATE )

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

ORDER

This revision petition under Section 397/401 of the Code of Criminal Procedure has been filed against impugned order dated 21.08.2018 passed by Principal Judge, Family Court, Jabalpur in M.J.C. No.145/2015, whereby the Signature Not Verified Signed by: RASHMI trial Court while allowing the application granted Rs.2,000/- per month to the applicant No.1 and Rs.1,000/- per month to the applicant No.2 towards maintenance. Being aggrieved by the impugned order of maintenance, this criminal revision has been filed for enhancement of maintenance amount. It is worth mentioning that another criminal revision has been filed by the respondent against the impugned order for quashing the order of maintenance granted to the applicants hereinabove.

2. The admitted facts of the case are that applicant No.1 Smt. Sima Thakur was married to respondent Umesh Thakur as per Hindu rites and rituals and applicant No.2 has born out of the said wedlock. It is also undisputed that applicant No.1 along with her son Prince Thakur is residing separately.

3. This criminal revision has been filed on the basis that earlier applicant No.1 was having cordial and peaceful relationship with her in-laws. However, after some time, respondent has deserted the applicants. It is also alleged that the respondent and his family members used to harass the applicant No.1 and demanded dowry from her. They used to abuse and beat her, due to which applicant No.1 along with her son left the house of respondent and started living with her parents.

4. Learned counsel for the applicants submitted that parents of applicant No.1 are poor and there is no source of income. It is also submitted that applicant No.1 is suffering from illness and she has also the responsibility to nurture her child. The respondent is an agriculturists and by way of agriculture, he is earning Rs.4,00,000/- per annum and is also running chat shop by which he is earning a sum of Rs.40,000/- per month. Thus, trial Court has awarded a meagre amount of Rs.3,000/- per month to the applicants on the basis of false information given by the respondent. Thus, it is prayed that amount of Signature Not Verified Signed by: RASHMI maintainence be enhanced to the tune of Rs.10,000/- per month.

5. In reply the respondent contended that the applicant herself has deserted the respondent while respondent wants to live with her. Supporting his reply in the main petition of Section 125 of Cr.P.C., the respondent expostulated that the respondent has never demanded dowry nor harassed the applicants but on the contrary applicant no.1 has harassed the respondent's family members. The applicant is healthy lady, thus, her application is liable to be rejected.

6. In view of arguments and pleadings of both the parties, trial Court has framed as many as 3 issues. The evidence was adduced by the parties and in appreciation of the same, learned trial Court allowed applicants' application and awarded Rs.2,000/- per month to applicant No.1 and Rs.1,000/- to applicant No.2 towards maintenance.

7. Heard learned counsel for the parties