DHANBAI KHARE Vs. DINESH KHARE

JUDGEMENT

(1.) This revision has been preferred by the Applicants against the order dated 30.6.2014 passed by the Family Court, Korba in M.J.C. No.79 of 2013, whereby the Family Court has rejected the application under Section 125 of the Code of Criminal Procedure with regard to Applicant No.1/wife and granted monthly maintenance of Rs.1,500/- in favour of Applicant No.2/son.

(2.) Facts of the case, in brief, are that marriage between Applicant No.1 and the Respondent was solemnised on 5.7.2011. Out of their wedlock, Applicant No.2 took birth on 4.4.2012. Allegedly, after the marriage, the Respondent used to abuse Applicant No.1/wife in drunken condition, make demand for motorcycle, commit marpeet with her and give her mental and physical torture. On 14.3.2013, he ousted her out of his house after beating her and since then she is residing at her paternal house along with her son/Applicant No.2. She is unable to maintain herself and her son. The Respondent works as a Shiksha Karmi and earns salary of Rs.18,000/- to 20,000/- per month.

(3.) In his reply, the Respondent denied the allegation made against him and pleaded that Applicant No.1/wife herself left his house without any reasonable cause and is residing separately from him. He never made demand for any motorcycle nor did he ever torture her. It was further pleaded by him that earlier also she had left him and gone away. On 24.9.2012, a social meeting was convened in which she had admitted her guilt and returned to her matrimonial house. He had also arranged a separate accommodation for her living, but even thereafter he did not find any change in her behaviour. Thereafter, without any reason, she again left him and went away. When she did not return, he filed a petition for divorce. Thereafter, she lodged a false report of demand for dowry. Since she is residing separately from him without any sufficient cause, she is not entitled to get any maintenance. The Respondent further pleaded that though he is working as a Shiksha Karmi, he is getting salary of only Rs.10,000/- per month. He also bears responsibility of his parents.