DHARAMPAL Vs. SHAKUN BAI

JUDGEMENT

(1.) This revision has been preferred against the order dated 19.7.2018 passed by the Family Court, Bemetara in Criminal M.J.C. No.159 of 2017, whereby the Family Court has allowed the application under Section 125 Cr.P.C. and granted monthly maintenance of Rs.5,000/- in favour of the Respondent.

(2.) Before the Family Court, the Respondent filed an application under Section 125 Cr.P.C. for grant of maintenance with averments that her marriage was performed with the Applicant according to their customs 34-35 years back. Thereafter, she resided with him for about 2 years. Saying that he does not like her, he did not talk to her. He was also saying that he was having a relationship with another woman. Thereafter, when she went to her maternal house on tija festival, he did not come to take her back. When her family members took her to her matrimonial house, he did not allow her to enter his house and locked the door of his house from outside. Since then she is residing separately from him. He has also performed second marriage. Presently, she is unable to maintain herself. He owns 80-90 acres of agricultural land and earns Rs.50- 60 Lakhs per year. In his reply, the Applicant has admitted the fact that his marriage was performed with the Respondent 30-35 years back. After the marriage, she lived with him at his house for about 1 week only and thereafter she returned to her maternal house.

(3.) Before the Family Court, the Respondent examined herself as Applicant Witness No.1. She also examined Laxman Patel as Applicant Witness No.2 and Netram as Applicant Witness No.3. The Applicant examined himself as Non-Applicant Witness No.1. Both the parties have also submitted certain documents before the Family Court. After recording of the evidence and hearing arguments on their behalf, the Family Court, vide the impugned order dated 19.7.2018 has allowed the application and granted monthly maintenance of Rs.5,000/- in favour of the Respondent. Hence, this revision by the husband/Applicant.