HAYATTAVIL SHAHI Vs. SUMMAIYA KHATOON

JUDGEMENT

(1.) The present criminal revision has been filed by the petitioner under Sec. 19(4) of the Family Courts Act, 1984 read with Ss. 397 and 401 of CRPC against the impugned order dtd. 10/5/2024, passed by learned Family Court, Manendragarh, District Korea (C.G.), in MCRC No. 170 of 2021, whereby an amount of Rs.20,000.00 per month has been granted in favour of the respondent/ wife as maintenance amount, which is payable from the date of application i.e. from 20/12/2021.

(2.) It is admitted fact in the case that the marriage between the parties have been solemnized on 30/9/2015 at Manendragarh as per their rites and rituals.

(3.) The brief facts of the case are that after the marriage, the respondent/wife started residing at her matrimonial house at village Islampur. At the time of their marriage, the parents of the respondent/wife had given sufficient dowry articles to her. It is alleged that the respondent/wife was being harassed by the petitioner/husband and his family members for demand of dowry and thereafter dispute between the parties started for one or other reasons. The petitioner/husband is a Software Engineer and was in job at Pune. He obtained divorce from his first wife. He regularly used to take money from the respondent/wife. He also pressurized for encashment of the fixed deposit of Rs.10.00 Lakhs and demanded money from her. On 27/7/2016, she had gone to Bokaro, but none of his family members have given any attention to her rather, they started demanding money from her. Looking to their behaviour with the respondent/wife, her father took her back to his house, where the respondent/wife had lodged a report under Sec. 498-A of IPC against the petitioner/husband and his family members. On 20/12/2021, the respondent/wife has filed an application under Sec. 125 of CRPC for grant of monthly maintenance amount of Rs.30,000.00 from the petitioner/husband. It is averred in the application that due to the harassment given by the petitioner/husband and his family members; she is compelled to reside separately. She is not having any source of income and is a house maker. She is unable to maintain herself and studying for fashion designing, whereas the petitioner/husband is employed as Software Engineer at Hyderabad and earning Rs.1,25,000.00 per month as his salary and therefore, she claimed Rs.30,000.00 per month as maintenance amount.