CHHAYA KURRE Vs. KHELAWAN KURRE

JUDGEMENT

(1.) This revision has been preferred by the Applicants against the order dated 5.7.2017 passed by the Family Court, Raipur in Criminal M.J.C. No.79 of 2016, whereby the Family Court has rejected the application under Section 125 of the Code of Criminal Procedure with regard to Applicant No.1 and granted monthly maintenance of Rs.2,000/- in favour of Applicant No.2.

(2.) Facts of the case, in brief, are that marriage between Applicant No.1 and the Respondent was solemnised 20 years before passing of the impugned order. Out of their wedlock, Applicant No.2/daughter took birth. She is mentally retarded by birth. After her birth, the Respondent started subjecting Applicant No.1 to cruelty and harassment. Thereafter, beating the Applicants, he expelled them out of his house and since then both the Applicants are residing at the paternal house of Applicant No.1. Applicant No.2 is being taken care of by Applicant No.1. Earlier, father of Applicant No.1 was bearing expenses of both the Applicants and was maintaining them. After the death of father of Applicant No.1, the Applicants have no means to maintain themselves. The Respondent owns 5 acres of agricultural land and earns Rs.3,00,000/- to Rs.4,00,000/- per year.

(3.) The Respondent denied the allegations levelled upon him. It was pleaded by him that without any reasonable cause Applicant No.1, along with Applicant No.2, is residing separately from him. He tried many times to take her back, but she refused to come back. He is a daily wager and the application under Section 125 of the Cr.P.C. has been filed against him just to harass him after 20 years of the marriage.