Rajeev Kumar Dubey, J. - (1.)This revision has been filed u/S.19 (4) of Family Court Act r/w S.397/401 of Code of Criminal Procedure against the order dated 31.03.2016 passed by the Principal Judge, Family CourtIndore in M.J.C. No.374/2014, whereby learned Judge of Family Court partly allowed the applicant's application filed u/S.125 of Cr.P.C. for getting maintenance from non-applicant and directed the non-applicant to pay Rs.1,500/- per month each to respondent No.2 & 3 as maintenance but rejected the prayer of applicant No.1.
(2.)Brief facts of the case are that applicants filed the application u/S.125 of Cr.P.C. before the Principal Judge, Family Court-Indore averring that applicant No.1 is a legally wedded wife of nonapplicant and applicants No.2 & 3 are their minor children. Her marriage was solemnized with non-applicant on 29.04.2007. After marriage she lived with non applicant at her matrimonial house but behaviour of non-applicant was not good with her. He used to beat her after consuming liquor and demanded dowry and subjected her to cruelty. The in-laws of the applicant also used to torture her and demanded dowry. At the time of pregnancy of the applicant No.1 no proper treatment was given to her by non-applicant and his family members. On 07.07.2014, non-applicant left applicant no.1 along with her children at her parent's house since then she has been living with her parents and is unable to maintain herself and her minor children while non-applicant is in a private job and earns Rs.50,000/- per month so he be directed to pay Rs.10,000/- per month to applicants.
(3.)In his reply non-applicant denied all the allegations and averred that he and his family members never mis-behaved with the applicant no.1 and he never drank nor beated her and he did not leave her on her parental house while applicant herself left her matrimonial house and started living with her parents without any sufficient reason and is able to maintain herself. So she is not entitled to get maintenance from non applicant.