Dinesh Kumar vs State of Rajasthan and Others

M.N. Bhandari, J.—By this criminal revision petition, challenge is made to the order dated 20.10.2012 whereby application moved by the respondents No. 2 and 3 u/s 125 CrPC has been allowed and given maintenance of Rs. 1000/- per month each. Learned counsel for petitioner submits that respondents No. 2 and 3 are living separately at their own. Petitioner was and is willing to keep them with him. Prior to filing application u/s 125 CrPC, an application for divorce was filed by respondent u/s 13 of the Hindu Marriage Act. It was on the ground of cruelty and other grounds. The application u/s 13 of the Act has already been dismissed by the competent court and, thereafter, present application u/s 125 CrPC has been filed by the respondents No. 2 and 3. When the ground of cruelty and other grounds for divorce were not accepted, application u/s 125 CrPC should have been dismissed by the court holding that the respondents No. 2 and 3 are living separately at their own.

I have considered the submissions and perused the record. It has been admitted that on 5.2.2001 marriage took place between petitioner and respondent No. 2 and out of their wedlock, respondent No. 3-baby girl was born. On allegation of demand of dowry and dispute on that ground resulted in a case for offence u/s 498A and 406 IPC and after investigation, challan has been filed against petitioner. Taking note of the aforesaid fact and even the facts in reference to the order u/s 13 of the Hindu Marriage Act and considering statements of the witnesses, i find that respondents No. 2 and 3 having no means of earning and, otherwise, they are living separately for reasons. In view of above, application for maintenance has been allowed by the court below granting Rs. 1000/- per month each to the wife and daughter of the petitioner. In view of discussion made above, impugned order cannot be said to be illegal. I do not find any substance in the criminal revision petition. Hence, petition so as the stay application are dismissed.