HASIM KHAN Vs. ANJUM NISSA @ ANJUM

JUDGEMENT

(1.) The present revision petition under Sections 401/482 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the "Cr.P.C.") has been filed by the petitioner for setting aside the order dated 30.03.2015 passed by the Court below whereby the petitioner has been directed to pay the maintenance in the sum of Rs.8,000/ - per month to the respondent.

(2.) The factual matrix culled out from the record is that a petition under Section 125 Cr.P.C. was filed by the respondent/ wife against the petitioner/husband claiming therein a maintenance of Rs.20,000/ - per month. During the pendency of the main petition, an application was also filed by the respondent/wife for the grant of interim maintenance.

(3.) It was alleged in the petition that marriage between the parties was solemnized on 26.04.2009. In the marriage, the father of the respondent/wife spent a huge sum of money. After marriage, the rukhsat/vidai was to take place after one year but the attitude of the father of the petitioner/husband changed. He kept on demanding more and more money and dowry. He demanded Mahindra Logan Car and Rs.51 lakh in cash and further Rs.11 lakh at the time of vidai. On 15.03.2010, sisters of the petitioner/ husband threatened the respondent/wife with dire consequences and they raised the demand of Rs.One Crore 11 lakh. The signature of the respondent/wife on the Nikahnama was to be taken in Delhi as she was not present at the time of nikah and she had apprehension that her signatures might have been forged on the Nikahnama. Even the jewellery and dowry articles were wrongly withheld and misappropriated by the petitioner/husband. Thereafter, a complaint was made in CAW Cell and then the FIR No.284/2010, under Sections 406/498 -A/34 IPC, Police Station Saraswati Vihar was registered against the petitioner/husband and his family members. Since the respondent/wife was unable to maintain herself, she claimed the maintenance from the petitioner/ husband.