- (1.) This revision has been filed against the order dated 14.9.2006 passed by Additional Civil Judge (Jr. Division)/Judicial Magistrate, Court No. 2, Ghaziabad in Case no. 16/2006, Sweta Sharma Vs. Manoj Kumar Sharma, under section 125 Cr.P.C., and judgment dated 13.2.2007 passed by Addl. Sessions Judge, Court No. 14, Ghaziabad in Criminal Revision No. 451/ 2006, Manoj Kumar Sharma Vs. Sweta Sharma.
(2.) Applicants (present revisionists) had filed a petition u/s 125 CrPC with averment that she is legally married to OP- Manoj Kumar Sharma. Sometime after marriage OP treated revisionists with cruelty and deserted them without any reason. Thereafter she is living with her parents. Applicant has no source of income while the OP is in service and has sufficient income of about Rs. 18,000/- per month apart from T.A., D.A., which is about Rs. 10,000/- per month. He is able to main her. Therefore applicant has filed the application for maintenance of Rs. 10,000/- per month.
(3.) Opposite Party Manoj Kumar Sharma had filed objection in Magistrate court refuting the allegations, and stated that his monthly income is Rs. 7500/- per month from private job. He had responsibility to maintain his parents. Applicant had deserted him without any reason. In case under Hindu Marriage Act, the court had already ordered maintenance which he is paying to applicant anyhow. The application for maintenance is liable to be rejected.;