GURUDAS MAL HIRWANI Vs. SHEELA HIRWANI

JUDGEMENT

(1.) The instant revision has been preferred by the husband against the order dated 16.5.2017 passed by the Family Court, Bilaspur in M.Cr.C. No.215 of 2013, whereby the Family Court has granted maintenance of Rs. 12,000/- per month in favour of the Respondent/wife.

(2.) Case of the Respondent/wife is that she was married to the Applicant at Akola (Maharashtra) according to the Hindu rites and rituals on 13.12009. After the marriage, she started living with the husband at Akola (Maharashtra). She was being taunted for bringing lesser dowry and for bringing poor quality of articles. She was also treated with physical and mental cruelty by the husband and his family members. The husband was not taking interest in making physical relationship with her. When her cousin came to know about these things, he took her back with him in the month of December, 2010. For about 1' months, she stayed at the house of her mousi (aunt) and thereafter she went to the house of her parents at Bilaspur in the month of February, 2011. Since then, she is residing at the house of her parents at Bilaspur and she is dependent upon them. She is unable to maintain her. The husband owns and runs a bakery in the name of Anand Confectionery Stores at Akola (Maharashtra). He has also many branches of that confectionery stores. He earns about Rs. 1,00,000/- per month from this business. She has made a demand of Rs. 15,000/- per month as maintenance.

(3.) The Applicant/husband, in his reply, has denied the allegations levelled against him and pleaded that the Respondent/wife did not want to live in the joint family and was forcing him for leaving the joint family and reside separately. She used to refuse him to make physical relationship with her. In December, 2010, she herself went back from his house along with her brother. Since then, she is residing at her maternal house. He tried to bring her back, but she refused to come with him. He has filed an application under Section 9 of the Hindu Marriage Act at Akola (Maharashtra). The stores being run in the name of Anand Confectionery is owned by his brother.