FARZANA ANSARI Vs. ABID ALI ANSARI

JUDGEMENT

(1.) Rule. With the consent of the parties made returnable forthwith.

(2.) This Criminal revision is directed against the Judgment and order dated 19/11/2013 passed by the Additional Sessions Judge, FTC-II, South Goa, Margao in Criminal Revision Application No. 29/2012 . The applicant/wife has filed application under section 125 of the Criminal Procedure Code before the Judicial Magistrate First Class for maintenance bearing No.2/M/2011/C. The said maintenance application was allowed after recording the evidence of the applicant/wife and her father and the respondent was directed to pay maintenance of Rs.10,000/- per month on or before every 7th day of every month. Being aggrieved by the said order, the respondent/husband filed criminal revision before the learned Sessions Judge and the learned Sessions Judge allowed the said revision and quashed and set aside the order of maintenance passed by the learned JMFC. Hence, this criminal revision application.

(3.) The marriage between the applicant and respondent was solemnized on 9/11/2009 as per the Muslim rites and ceremony at Kasai District, Kushi Nagar, Uttar Pradesh. The applicant and respondent stayed together in the house of the respondent along with family members of the respondent. The marriage was consummated and after few days, the respondent as per the case of the applicant, the respondent/husband changed his behavior. There was a demand of dowry not only from his family members but also from him. She was harassed and assaulted by the respondent/husband. The family members of the respondent/husband also contributed to the harassment. To fulfill the constant monetary demand the father of the applicant/wife paid Rs.3.00 lakhs in cash to the respondent and also purchased L.C.D T.V. However, the matter was not settled. The demand continued so also the harassment. The applicant/wife thereafter felt that it was not possible for her to continue to stay with him and due to harassment, she was compelled to leave the matrimonial house and she returned to her father's house at Vasco-da- Gama-Goa. She again went to her house, but however, she suffered harassment and therefore came back and started residing with her father. It is the case of the applicant that she is not working and is totally dependent on her the respondent/husband. At present, she is residing with her father and therefore she applied for maintenance under section 125 of Cr. P.C.