ASHOK SAHU Vs. SMT. AABHA SAHU

JUDGEMENT

(1.) The instant revision has been preferred against the order dated 12.9.2018 passed by the 1 st Additional Principal Judge, Family Court, Raipur in M.J.C. No.317 of 2015, whereby the Family Court has granted monthly maintenance of Rs.15,000/- in favour of the Respondent/wife.

(2.) Facts, in brief, are that marriage between the parties was solemnised at Bhilai on 18.4.2008. Before the Family Court, the Respondent/wife filed an application under Section 125 of the Code of Criminal Procedure. It was pleaded by her that after the marriage, the Applicant/husband used to torture her for demand of dowry. Whenever she visited her maternal house, the Applicant/husband asked her to bring money from her maternal house. It was further pleaded that her jethani (sister-in-law) Urmila also used to taunt her and she also used to prevent her from developing relationship of a husband and wife with the Applicant/husband. On 23.1.2015, the Applicant/husband, taking assistance of his bhabhi (sister-in-law), expelled her out of his house. Thereafter, she lodged a report under Section 498A of the Indian Penal Code on 2.2.2015. She is unable to maintain herself. The Applicant/husband has sufficient means to maintain her.

(3.) The Applicant/husband, in his written statement, denied all the allegations made against him by the Respondent/wife. It was pleaded by him that the Respondent/wife herself did not want to live with him. She used to make false allegations on his bhabhi (sister-in-law). Virtually, when they started living at Kasdol, she did not want to reside there. Therefore and thereafter, she is residing separately from him at her own will without there being any reasonable cause. Hence, she is not entitled to get any maintenance.