GOVIND SINGH Vs. BEENA SINGH

JUDGEMENT

(1.) This revision has been preferred by the husband against the order dated 23.3.2018 passed by the Family Court, Baikunthpur, District Korea in Miscellaneous Criminal Case No.57 of 2017, whereby the Family Court has allowed the application under Sec. 125 of the Code of Criminal Procedure preferred by the Respondent/wife and granted her monthly maintenance of Rs.8,000.00.

(2.) It is not in dispute that marriage between the parties was solemnised in the year 1992 and since the year 1996 they are residing separately from each other. It is also not in dispute that out of their wedlock, a child/son, namely, Krishna Singh took birth in the year 1996, who is presently pursuing his studies. Before the Family Court, the Respondent/wife moved an application under Sec. 125 of the Code of Criminal Procedure with averments that after the marriage, the Applicant/husband and his family members used to torture her for the reason that she brought lesser dowry. The husband used to send her back to her maternal house on one or the other pretext frequently. When she got pregnant, at that time also, he sent her to her maternal house. Their child/son took birth at her maternal house. On giving intimation to the husband, he visited her maternal house to meet them, but he refused to take them back with him. Since then, she is residing separately from the husband. Their son is pursuing higher studies and is dependent upon her. Though she is working as an Anganbadi Worker, from the income generated from that employment she is unable to maintain herself and the son. The husband is working with South Eastern Coalfields Limited (SECL) and is getting monthly salary of Rs.80,000.00 to Rs.90,000.00. Therefore, she is also entitled to live in the same standard as the husband is living. She has claimed maintenance of Rs.20,000.00 per month.

(3.) In his reply, the Applicant/husband denied the allegations made against him by the Respondent/wife. He pleaded that the wife used to quarrel with her mother-in-law and insult her. She used to ask him to live separately from his family. On getting pregnant, she, after quarreling, went back to her maternal house. Even after taking birth of their child, he was not informed about this nor was he called to her maternal house to visit them. After 6 months of birth of the child, she came to his house. She was not allowing her mother-in-law to see and touch the child/son and 15 days thereafter she herself went back to her maternal house. When she did not return to his house, he sent her a legal notice. Thereafter, she lodged a false report for an offence punishable under Sec. 498A of the Indian Penal Code. Later on, he was acquitted of the charge framed against him in that matter. Thus, it is clear that she is residing separately from him without any reasonable cause for the last 20 years. She is working as an Anganbadi Worker and she also gives tuition to different children. Therefore, she is able to maintain herself. The son has attained majority and, therefore, he is not entitled to get any maintenance. The application for grant of maintenance has been filed after 20 years of their separation and, therefore, it is not maintainable.