SMT. KAVYA NEBHANI Vs. SHRI GAURAV NEBHANI

JUDGEMENT

(1.) This revision has been preferred against the order dated 26.11.2016 passed by the 2 nd Additional Principal Judge, Family Court, Raipur in M.J.C. No.227 of 2016, whereby the Family Court has rejected the application under Section 125 of the Code of Criminal Procedure filed by the Applicant/wife on the ground that she is residing separately from the husband/Respondent without any reasonable cause and also on the ground that in a separate proceeding, being Criminal Complaint Case No.812 of 2016 under the Protection of Women from Domestic Violence Act , vide order dated 8.11.2016, the husband/Respondent has been ordered to pay a sum of Rs.15,000/- per month to the wife/Applicant by 10 th day of every month and a lump sum amount of Rupees Five Lakhs has also been ordered to pay her.

(2.) As pleaded by the Applicant/wife, her marriage was solemnised with the Respondent at Raipur on 30.12.2015. After 28 th day of the marriage, the Respondent/husband and his family members started subjecting her to cruelty. Her mother-in-law levelled a false allegation of theft of pant and mobile phone on her. She wanted to expel her out of her matrimonial house and she used to ask her for giving divorce to the Respondent. In March, 2016, when she went to her husband/Respondent, she was not allowed to enter his house. It was further pleaded that family and social meetings took place many times, but the husband/Respondent remained adamant for taking divorce from her. The family members of the Respondent lodged a false report against her that she was demanding a sum of Rupees Fifty Lakhs for giving divorce. She does not want to give divorce to the Respondent and wants to live with him. But, she is not being kept at the house of her husband/Respondent. She is residing with his brother and is unable to maintain herself. The Respondent/husband earns more than Rs.2,00,000/- per month.

(3.) In his reply, the Respondent/husband denied all the allegations made by the Applicant/wife against him. It was pleaded by him that just after 4 days of the marriage, i.e., on 4.1.2016, the Applicant/wife, without telling him anything, left her matrimonial house. On 13.1.2016, she again left her matrimonial house without informing him. It was further pleaded that on 28.1.2016, mother of the Applicant/wife took the Applicant deliberately with her. Thereafter, the Applicant/wife started demanding a sum of Rupees Fifty Lakhs for giving him divorce. On 11.3.2016, the Applicant/wife came in front of his house and started shouting. A social meeting was convened, but she did not agree. She wants to live with him separately from other members of his family and, therefore, she was creating pressure. Since she is residing separately from him without any reasonable cause, she is not entitled to get any maintenance from him.