GAURAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Abhinav Gaur, learned counsel for the revisionist, Mr. Suresh Chandra Pandey, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. The instant revision has been filed challenging the order dtd. 30/8/2022 passed by learned Additional Principal Judge, Family Court, Mathura in Case No. 882 of 2019 (Ruchi Rawat Vs. Gaurav Vashistha.) by means of impugned order the maintenance under sec. 125 Cr.P.C. was enhanced to Rs.10,000.00 from Rs.4,000.00 (as fixed by this Court).

(2.) Learned counsel for the revisionist states that wife's right to claim maintenance can be denied in the circumstances only provided under sec. 125(4) Cr.P.C. Sec. 125(4) is being quoted herein under:-

(3.) Counsel for the revisionist further submits that as per this sec. if a wife leave the house on her own free will she will not entitled for maintenance under sec. 125 Cr.P.C. His argument is that the respondent no. 2 has left the house on her own free will. This fact could also be substantiated by first information report dtd. 28/12/2017, in which it has been stated that on 25/12/2017, parents of respondent no. 2 has come down to the matrimonial house and beaten the husband (applicant herein) and his parents. A medical report in this effect has also been brought on record. Thereafter, she left her matrimonial house on her own free will, on this FIR a charge sheet was submitted on 23/3/2018. This also, goes to show that she had left her matrimonial house on her own free will.