SANDEEP SHARMA Vs. SMT. ANITA SHARMA

JUDGEMENT

(1.) The present Criminal Revision is filed under Sec. 19(4) of the Family Courts Act, 1984 against the order dtd. 15/10/2024 whereby the learned Judge, Family Court has rejected the interim application under Sec. 144 of BNSS, 2023.

(2.) Brief facts of the case is that on 2/7/2024, the respondent has filed an application under Sec. 144 of BNSS, 2023 before learned Family Court, Raigarh bearing Case No. Cr.M.J.C. No. F 102/2024 seeking maintenance of Rs.20,000.00 per month. The aforementioned case is currently pending at the evidence stage before the learned Family Court, Raigarh. The husband and the respondent wife solemnized their marriage on 30/4/2023 in accordance with the Hindu rites and customs traditionally observed in their community. After the marriage ceremony, the couple began their marital life and resided together at the applicant's family residence, located in Barpali, within Urga Tehsil, District- Korba, C.G. The respondent told her father and other family members that the applicant is impotent. Based on this accusation, she categorically refused to establish a marital relationship or cohabitate with her husband.

(3.) Learned counsel for the applicant contended that the learned Family Court, Raigarh erred in rejecting the applicant's prayer for a virginity test of the respondent.