VINAY CHOUHAN Vs. KOMAL CHOUHAN

JUDGEMENT

(1.) This Revision has been preferred against the order dtd. 14/7/2022 passed by the learned Principal Judge, Family Court, Durg, District Durg in Criminal MJC No.1040/2021, whereby the application filed under Sec. 125 Cr.P.C by Non-Applicant No.1/wife for grant of interim maintenance has been allowed and a monthly maintenance to the tune of Rs.5,000.00 has been granted i.e. Rs.3,000.00 to Non-Applicant No.1/wife and Rs.2,000.00 to Non-Applicant No.2/minor daughter.

(2.) The undisputed facts of the case are that marriage of the Applicant was solemnized with Non-Applicant No.1 on 7/5/2019 at Raipur in the samuhik vivah program. It is alleged that after the marriage, the Applicant, after consuming liquor, used to harass his wife/Non-Applicant No.1 and also used to doubt her character against which, she had lodged FIR at Mahila police station, Bhilai on 26/8/2021 for the offence under Sec. 498-A/34 IPC, which was registered as Crime No.78/2021. It is further alleged that the Applicant had neglected his wife/Non-Applicant without giving her any maintenance and the Non-Applicants are unable to maintain themselves. It is alleged that the Applicant is having sufficient means of income to maintain the Non-Applicants and is earning his livelihood by running the business of supplying confectioneries and also involved in buying and selling of empty cartons and oil tins through which, he earns around Rs.60,000.00 to 70,000/- every month, therefore, Non-Applicants have prayed for grant of interim maintenance to the tune of Rs.30,000.00. The Applicant/husband has denied the allegations made by the Non-Applicant/wife and stated that she is living separately without any sufficient reasons and has lodged a false FIR against him and she is working in the Consumer Service Center of State Bank of India along with her father and is earning Rs.40,000.00 to 50,000/- every month. The Applicant averred that he is working as a driver through which, he earns only Rs.150.00to 170/- per day.

(3.) Shri Dubey submits that the impugned order is bad in law as Non-Applicant No.1 /wife herself is residing separately without any sufficient cause and further, the marriage of the parties was solemnized in a samuhik vivah program and the President of Shri Gurjar Kshatriya Gujraj Samaj has also issued a certificate dtd. 21/7/2021 to the effect that no transaction of dowry has been made in the said marriage, therefore, the allegations of dowry are also false. He further submits that the Applicant is dependent on his parents and therefore, the instant Revision may be allowed by setting aside the order impugned.