PRASHANT JHA Vs. ISHA JHA

JUDGEMENT

(1.) The present Criminal Revision has been filed by the petitioner against the order dtd. 21/5/2024 passed by the learned First Additional Principal Judge, Family Court, Raipur, in Case No. 502/2022, whereby the learned Family Court has granted Rs.17,000.00 per month as maintenance amount to the respondent which is payable from the date of application i.e. 20/6/2022.

(2.) Brief facts of the case are that the marriage between the parties was solemnized on 10/6/2017 as per their rites and rituals. At the time of marriage, it was settled between the parties that the respondent/wife would continue her studies at Bilaspur as her husband/petitioner was also in service at Bilaspur. The brother of the petitioner also got married on the very next day of the marriage of the petitioner and respondent. Immediately after their marriage, the petitioner and his family members started comparing the dowry articles of the parties and started teasing the respondent by saying that her dowry articles were of inferior quality. The behaviour of the petitioner and his family members towards the respondent was rude, which became more aggravated day by day, and their matrimonial knot started losing. When the respondent complained about the difficulties to her in-laws, they also asked her to keep silent and not to disclose the same to her parents and pressurized her to give divorce to their son/petitioner. Ultimately, the respondent was sent to her parent's house in the year 2019, and despite her various efforts, the petitioner has not taken her back with him.

(3.) The petitioner had filed an application under Sec. 9 of the Hindu Marriage Act, 1955, before the learned Family Court, Bemetara, for Restitution of Conjugal Rights. In the proceeding, the respondent showed her willingness to reside with the petitioner and also filed an application under Sec. 24 of the Hindu Marriage Act, 1955, for grant of maintenance pendente-lite. The matter was compromised in the proceeding, and the petitioner took the respondent with him, and they resided together for about two months. Thereafter, the petitioner again started harassing her and pressurized her to give divorce to him, and he started abusing and beating her, and then she again came back to her parents' house. With the intervention of the community members and elderly members of the family, the matter was again settled between them, and she again started residing with him. When the dispute arose again, she returned to her parent's house and lodged a complaint to the Mahila Thana, Raipur. During the counselling, the matter was again settled that the parties shall reside in Raipur, and thereafter, both started living at Professor Colony, Raipur, in a rented house. Ultimately, she stayed for some time in a hostel at Purani Basti, Raipur, and pursued her studies. After facing financial difficulties, she left the hostel and returned to her parent's house at Khairagarh.