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Judgment
Tarun Kumar Kaushal, J.—Present petition is directed against the order dated 31/12/2013 passed by Principal Judge, Family Court, Bhopal in M.J.C. No. 101/2013 by which maintenance of Rs. 2000/- was granted to the respondent no. 1/wife and Rs. 1,000/- each to respondent no. 2 and 3 respectively.
Necessary facts, in short, are that on 21/02/2013 respondent preferred application u/s 125 Cr.P.C. for grant of maintenance of Rs. 10,000/- to each one in Family Court against the petitioner saying that petitioner/husband has ignored them, who are unable to maintain themselves and petitioner/husband is earning about Rs. 20,000/- per month on his electric mechanic shop.
Considering the evidence of Parveen (PW-1), her father Mohd. Safiq (PW-2) and also evidence of Mohd. Shahid (DW-1), trial court directed the payment of maintenance of Rs. 2,000/- per month to respondent no. 1/wife and Rs. 1,000/- each to respondent no. 2 and 3 respectively.
Learned counsel for parties conceded that trial court in para 52 has observed that both parties made it a prestige issue and fault lies in both of them.
Considering the aforesaid and also evidence of income of petitioner/husband and dependency of the respondents, impugned order deserves for a slight modification. There appears no reason and need to interfere with the amount of maintenance awarded to the children. However, amount of maintenance granted to respondent no. 1/wife is reduced from Rs. 2,000/- to Rs. 1,500/- per month meaning thereby now petitioner/husband shall pay maintenance of Rs. 1,500/- to respondent/wife and Rs. 1,000/- each to respondent no. 2 and 3, in all total Rs. 3,500/- per month that too from the date of impugned order. Rest of the conditions of impugned order are hereby affirmed.
Accordingly, this revision is allowed in part as indicated above.
Certified copy as per rules.
