GOURAV SINGH TOMAR Vs. LAKKITA TOMAR

JUDGEMENT

(1.) This revision petition under Section 19 (4) of the Family Courts Act read with Section 397 / 401 Cr.P.C. has been preferred by the petitioner being aggrieved by the impugned order dated 15.05.2019 in M.J.C No. 411/2018 passed by Additional Principal Judge, Family Court, Bhopal allowing the application under section 125 Cr.P.C, filed by the respondent and awarded the maintenance amount Rs. 17,000/- per month to the respondent.

(2.) According to case, the respondent filed an application under section 125 Cr.P.C. before the learned Family Court stating that her marriage was solemnized with the petitioner on 28.01.2016 as per Hindu rites and rituals at Ratlam. At the time of marriage, the father of the complainant/respondent has given sufficient articles and cash of rupees 3,82,000/- to the petitioner. After the marriage, she lived for some time with the petitioner and his family members at Kadi (Gujrat) where the family members of the petitioner used to pressurize her to do all household works like sweeping, washing, cooking etc. Further, in the month of February 2016, the petitioner along with her shifted to Mumbai and then only she got knowledge about the petitioner being asthmatic, alcoholic and he was in a habit of having illicit relationship with other girls. The petitioner used to perform late night cocktail party at home and he was also caught red- handed with the girl by the respondent. She found some inner wear of another girl in the house and when she raised the issue, the petitioner had beaten her. In the meantime, the father of the petitioner demanded five lakhs rupees as dowry. Further, when she came to her in laws place at Indore, the petitioner threatened her on the pretext of demand of dowry. Further, in the month of February 2017, petitioner demanded Rs. 2.5 lakh on the ground that the company is sending him to London. In May 2017, at London, petitioner let her to live in common room and forced to make food for friends also. The petitioner used to arrange night parties with girlfriends and torture her over trivial issues. He has forced the respondent to leave house in London and sent her to in-laws house at Indore where the in-laws behaved badly and demanded for dowry. Thereafter, she has been sent to her father's house at Bhopal. Since then she is residing with her father as she has no other option. Further, when her father made an effort to resolve the issue, the mother in law demanded 20 lakh rupees as dowry. In the month of January 2018, when the petitioner again went to London, he threatened the respondent. She stated about her survival saying that her father has retired and she is unable to maintain herself. The petitioner is employed in a private company and earns Rs. 3,00,000/- per month. He has sufficient means to maintain her but he is neglecting to do so. She is entitled to lead a life in the similar manner as she would have lived in the house of her husband. She prayed for rupees 1,50,000/- per month as maintenance.

(3.) In reply, the petitioner has denied all the allegations made against him. He stated that on the willingness of both the parties, the marriage was solemnized at Ratlam. Since, at the time of marriage, the expenses were beared by the petitioner's family and later, the father of the respondent has deposited the same in the account of petitioner. The petitioner never demanded any dowry. The respondent was never compelled to do the household works, for the same, a maid was arranged in the house. The respondent is a sceptic lady and spoiled his life. She went to her father's house on her own will, the petitioner never compelled her to do so. Further, petitioner made a dependent Visa for the respondent to live with her at London. Further, in London, the respondent's behavior was not good towards him whereas he made all the efforts to make her happy, he made some tour with her also. She insisted on coming to India for which the petitioner beared all the expenses thereof. The respondent deserted the petitioner even then he made various efforts to save their marital life by contacting her. He went to her parental home to bring her but she and her family members behaved rudely to the petitioner and also threatened him to falsely implicate in the case. His parents also went to bring her back but she refused to come. The petitioner has deposited rupees 15000/- for her expenses. He further stated that she is an educated lady having degree of post graduation in computer also working in a private company and earning rupees 30,000/- per month. She also earns rupees 15,000/- through tuition work. With regard to his income, he stated in his reply that he earns rupees 40 to 50 thousand per month. He has responsibility to pay the installment of his father's house situated at Indore as well as rent of the house at Mumbai. Due to this litigation, he has resigned from his job. The respondent is capable to earn and survive herself. He requested the learned Family Court to dismiss the application filed by the respondent.