PRAMOD KUMAR SAHU Vs. UMA SAHU

JUDGEMENT

(1.) Challenge in the present revision filed under Section 19(4) of the Family Courts Act read with Section 397/401 of the code of Criminal Procedure is to the order dated 04.04.2018 passed by the First Additional Principal Judge, Family Court, Raipur, in M.J.C. No.153/2013 granting Rs.8,000/- to respondent No.1 and Rs.4,000/- to respondent No.2 totaling Rs.12,000/- per month as maintenance.

(2.) Applicant and respondent No.1 married to each other on 06.05.2009 according to the existing social customs and out of their wedlock respondent No.2-Kavay Sahu was born. The respondent No.-1/wife herein filed an application under Section 125 of Code of Criminal Procedure before the learned trial Court on the ground that after 15 days of marriage, the applicant/husband and his parents are alleged to have started making taunts against the respondent No.1/Wife for bringing insufficient dowry in the marriage, thereafter, respondents left her matrimonial house and since then she is not residing with the applicant. The respondent No.1 is unable to maintain herself, therefore, she claimed maintenance of Rs.20,000/- per month.

(3.) Applicant/husband however has denied all the allegations made by his wife replying to the application under Section 125 of the Code of Criminal Procedure. Even the respondent/wife herself did not want to reside with him and is well capable to maintain herself. The respondent/wife is residing separately without any sufficient cause and, therefore, she is not entitled for any maintenance.