The High Court Of Madhya Pradesh Cr.R. No. 1645/2018 ( SMT. VANDANA PAL (JATAV) & ANOTHER Vs DHARMENDRA PAL )

Gwalior, Dated : 02-03-2022 Shri Rajeev Shrivastava, learned counsel for the applicants.

Shri Ankit Saxena, learned counsel for the respondent.

This revision petition under Section 397 and 401 of the Cr.P.C has been filed against the order dated 11/01/2018 passed by Chief Judge of Family Court, Gwalior in Miscellaneous Criminal Case No. 766/2018 whereby application of the applicant/wife for interim maintenance under Section 125 of the Cr.P.C has been dismissed and interim maintenance of Rs. 1200/- per month has been awarded in favour of minor son of the applicant/wife.

Heard learned counsel for the parties.

Counsel for the petitioner submits that applicant/wife is compelled to live separately from respondent/husband due to his cruel behaviour. She is unable to maintain herself for want of any independent income. Respondent/husband is able bodied person, he is earning Rs. 25,000/- to 30,000/- per month and he is duty bound to maintain his legally wedded wife and his minor son. Learned Family Court has dismissed her application for interim maintenance on the premise that she is ha