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This Application under Section 482 of Cr.P.C. has been filed against order dated 20.09.2023 passed by Principal Judge, Family Court, Chhindwara, District Chhindwara (M.P.) in MJCR No.212/2022 by which Rs.10,000/- per month has been awarded as maintenance under Section 125 of Cr.P.C.

2. It is submitted by counsel for applicant that aforesaid order is an ex parte order. Applicant is registered as an Advocate. However, since 20.10.2019, he is suffering from Paranoid Schizophrenia and in spite of regular treatment there are relapses because of poor compliance. It is submitted that because of his disease he is not in a position to practise as an Advocate and all the time he is staying back in his house.

4. The counsel for applicant appeared before Family Court on 06.12.2022 and thereafter he was proceeded ex parte on 03.03.2023 as applicant as well as his counsel had stopped appearing. Thereafter, on 03.05.2023, father of applicant moved an application for setting aside ex parte proceedings, which was rejected by order dated 04.07.2023. Applicant did not file any reply to application filed under Section 125 of Cr.P.C. also.

5. Challenging the order passed by Court below, it is submitted by counsel for applicant that respondent had prayed for monthly maintenance of Rs.10,000/- and the same amount has been awarded by the trial Court, which clearly shows non-application of mind. It is further submitted that applicant is mentally retarded person suffering from Paranoid Schizophrenia and in spite of better treatment there are relapses because of poor compliance and accordingly, it is submitted that since applicant is not an able bodied person and is not in practise on account of his mental disorder, the trial Court committed an error by awarding a monthly maintenance of Rs.10,000/-. However, during the course of arguments, it was fairly conceded by counsel for applicant that applicant got married to respondent on 24.06.2021.

6. Heard the learned counsel for applicant.

7. According to applicant, he is suffering from Paranoid Schizophrenia and was admitted to Asha Hospital on 29.10.2019 and was discharged on 15.11.2019. Applicant has not filed the bed head ticket of the Hospital and has also not filed any prescription as well as receipt of purchase of medicines to show that he had taken any treatment. He has filed the copy of certificate issued by Dr. O.Jyothi in support of his mental sickness. Dr. O.Jyothi has given a certificate that in spite of better treatment, there are relapses because of poor compliance. If the certificate issued by Dr. O.Jyothi is considered, then it is clear that applicant was discharged on 15.11.2019 and there is nothing in the certificate to show that thereafter applicant was ever treated by Asha Hospital, Hyderabad. When the Hospital had never treated the applicant after 15.11.2019, then how a certificate can be issued to the effect that in spite of regular follow-up and better treatment, there are relapses because of poor compliance. Thus, prima facie, this certificate appears to be false and concocted. Even otherwise, if applicant is suffering from Paranoid Schizophrenia, then why he married the respondent on 24.06.2021, which clearly shows that applicant must have kept the respondent and her family members in dark.