JONATHAN RICHARD THIYAGRAJAN Vs. TANUBHA THIYAGRAJAN

JUDGEMENT

(1.) Since both the revisions arise out of a common order dated 4.3.2017, they are decided by this common order.

(2.) Both the revisions have been preferred against the order dated 4.3.2017 passed by the Family Court, Durg in M.Cr.C. No.702 of 2015, whereby the Family Court has allowed the application under Sec. 125 of the Code of Criminal Procedure submitted by the wife and children and granted monthly maintenance of Rs.20,000.00 in favour of the wife, Rs.15,000.00 in favour of the son and Rs.15,000.00 in favour of the daughter, total Rs.50,000.00.

(3.) Facts of the case, in brief, are that marriage between Jonathan Richard Thiyagrajan (husband) and Smt. Tanubha Thiyagrajan (wife) was solemnised on 18.10.2002 and out of their wedlock, son Jesan and daughter Anika took birth. As per the pleadings of the wife, after the marriage, she started living with the husband and her in-laws at Delhi. There she was being subjected to harassment for demand of dowry by the husband and in-laws. In the year 2006, the husband was transferred to Bangalore. There also, the husband subjected her to harassment and cruelty and day by day her ill-treatment by the husband increased. Thereafter, she made a complaint against the husband to his higher officers on 4.11.2011 regarding ill-treatment being given to her by the husband. The higher authorities of the husband gave him a warning that he should behave properly with the wife, but the husband did not take care of the warning. In the month of Dec., 2014, the husband took both the children to Mumbai without telling her. After return to Chandigarh, the husband again beat her. At that time, posting of the husband was at Chandigarh. Thereafter, he was transferred to Delhi. But, he did not take her and the children with him to Delhi. Thereafter, the wife got a notice to vacate the house, therefore, she vacated the house of Chandigarh and came to Durg along with her children at her maternal house. Thereafter, the husband did not take care of them. The husband is a Wing Commander in Indian Force and is getting monthly salary of about Rs.1,80,000.00. The wife is unable to maintain herself and her children. The husband did not take care of to maintain them. Therefore, she filed the application before the Family Court for their maintenance.