DEEPAK BHIST Vs. MEGHA BHIST

JUDGEMENT

(1.) This is a husband's Revision, wherein, he has questioned the propriety of the judgment dtd. 3/2/2018, as passed in Misc. Criminal Case No. 84 of 2016, Megha Vs. Deepak by the Family Judge, Pauri Garhwal, while considering the application preferred by the respondent wife under Sec. 125 o the Cr.P.C.

(2.) As per the application, which was submitted by the respondent No. 1, before the Family Court on 6/9/2016, there are few admitted facts between the parties that the marriage between the revisionist and respondent No. 1 was solemnized on 6/5/2011, as per the Hindu rites and rituals. It is also an admitted fact that the spouses do not have any issue of their own rather they have adopted a girl child, who is of three years of age and who was initially staying with them as their daughter, now she is residing with respondent No.1.

(3.) On account of certain family disputes pertaining to the behaviour of the revisionist with respondent No.1, which has been alleged by the respondent No. 1 and with regard to the certain unsocial habits which was not very conducive and acceptable socially, she had filed an application under Sec. 125 of the Cr.P.C., for grant of maintenance of her and her daughter, contending thereof that because of the excessive atrocities exercised by the revisionist since 10/4/2016, on account of a public misbehaviour and act derogating self prestige and misbehaviour with her, she has left the residence of the husband and has started residing at her grand mother's place. She has contended that while leaving the home, she has also lodged a complaint before the Police, for which, the counselling was conducted by the authorities, but, it resulted into futility. In order to claim a maintenance of Rs.10,000.00 towards herself and Rs.10,000.00 towards the daughter, she has pleaded in para 8 of the application under Sec. 125 of the Cr.P.C. that the revisionist is a Doctor, who is presently working in Primary Health Center Talwari, District Chamoli, and by virtue of the said engagement, he is earning a sum of Rs.48,000.00 p.m. Apart from that, the pleading has been raised by the respondent that the husband is also engaged in a private practice, out of which, he is earning about Rs.25,000.00 p.m. and thus, an overall income which is accruing to the husband is about Rs.76,000.00 from his engagement.