SANJAY SONWANI Vs. UMA SONWANI

JUDGEMENT

(1.) The instant revision has been preferred by the husband against the order dated 29.1.2018 passed by the Family Court, Baikunthpur, District Korea in M.Cr.C. No.135 of 2015, whereby the Family Court has allowed the application of the wife for grant of maintenance and granted her monthly maintenance of Rs.2,500.00.

(2.) It is not in dispute that the Applicant and the Respondent are husband and wife and their marriage was solemnised on 20.5.2010. The wife moved an application before the Family Court under Sec. 125 of the Code of Criminal Procedure alleging that on account of non-fulfillment of demand of dowry, father of the husband instigated the husband to beat her. Thereafter, in the year 2011, on the date of festival of Karma, the husband brutally beat her and thrown her out of his house. She lodged a report against the husband and his family members for an offence punishable under Sections 498A, 323, 294, 506B read with Sec. 34 of the Indian Penal Code, but the husband did not take care of the report and he also performed second marriage with Rani, daughter of one Bhanwarlal, who is a resident of Village Telaimuda. It is the further case of the wife/Respondent that she is illiterate and unable to maintain herself and the husband/Applicant owns an agricultural land and is a fit and capable person to maintain her.

(3.) In his reply, the husband/Applicant denied the entire allegations made against him. It is pleaded by him that the wife/Respondent is a modern woman. Since the date of marriage itself, she never cooperated with the Applicant and his family members. Just after the marriage, she left his house. He filed an application before the S.D.M., Baikunthpur to call the wife/Respondent, but after appearing before the S.D.M., she herself did not agree to live with him. It is further pleaded by him that he also submitted an application under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights, but the wife/Respondent again refused to participate in the said proceedings. It is further pleaded by him that a false and fabricated report was lodged by her. After trial, he and his family members have been acquitted of all the charges. It is further pleaded that he has not performed any second marriage, but only to create a ground against him such a false allegation of second marriage has been levelled against him.