ASHOK SHRIVASTAVA Vs. ANJU SAMUDRI SHRIVASTAVA

JUDGEMENT

(1.) The applicant/husband has filed this instant criminal revision under Sec. 19(4) of the Family Courts Act against the order dtd. 8/10/2021 passed by the learned Judge, Family Court, Ambikapur, District Surguja (C.G.) in Misc. Criminal Case No. 102/2018, whereby application moved by the non-applicant/wife under Sec. 125 of Cr.P.C. has been partly allowed and the applicant herein has been directed to pay Rs.10,000.00 per month as maintenance to the non-applicant/wife.

(2.) As per averments in the application filed under Sec. 125 of Cr.P.C. by the non-applicant/wife, the marriage between her and the applicant was solemnized on 18/7/2015 as per their prevailing rites and rituals. After marriage, they lived for sometime, however, soon after she was physically and mentally tortured by the applicant/husband. She would be confined in close room without food for days. The applicant/husband had illicit relations with another lady, therefore, he did not reside with her and consequently on 19/4/2018, she was deserted by applicant/husband and forced to take shelter in her parental house. She further pleaded that the applicant is posted as Vigilance Officer in NTPC and getting salary of Rs.60,000.00 per month, whereas she has no means of income. Thus, she claimed Rs.25,000.00 per month as maintenance from the applicant/husband.

(3.) The applicant/husband filed reply to the application filed under Sec. 125 of Cr.P.C. and denied its contents. He specifically stated that non-applicant/wife is not his legally wedded wife and no marriage between them has been solemnized and they have never resided together as husband and wife, therefore, the question of ill-treatment does not arise. He further stated that the non-applicant was married to one Basant Samundre and a suit for dissolution of their marriage was pending before the same Court as Civil Suit No. 109A/2014 parties being Anju Samudri v. Bansat Samundre. The learned Family Court framed three issues and after considering evidence available on record, partly allowed the application filed by non-applicant/wife and directed the applicant/husband to pay Rs.10,000.00 per month as maintenance from the date of order.