ARIF KHAN Vs. RUBY KHAN AND ANOTHER

JUDGEMENT

(1.) Applicant had filed this Criminal Revision under Section 397 / 401 of CrPC being aggrieved by the order dated 05.04.2019 passed by the Principal Judge, Family Court, Katni in MJC No.89/2018, whereby the learned court directed the applicant to pay Rs.5,000/- p.m. to respondent No.1 (wife) and Rs.3,000/- p.m. to respondent No.2 (daughter) as maintenance.

(2.) Facts giving rise to this petition, in short, are that, both respondents filed an application under section 125 of CrPC against applicant for maintenance, alleging therein that respondent No.1 got married with the applicant by Muslim Custom, and respondent No.2 is born out of that wedlock. After marriage, applicant and his family members started demanding extra money from parents of respodent No.1, for purchasing JCB. At the time of marriage, parents of respondent No.1 provided two lacs rupees cash, ornaments and one motorcycle to the applicant, but inspite of that applicant himself and his parents started demanding dowry and passed vulgar comments and sometimes they also beat respondent No.1. After giving birth to respondent No.2, harassment by applicant and other family members were increased, as she had given birth to a girl child, whereas they want a boy child. They took ornaments and other articles provided by her parents and expelled her from house and threatened her for divorce. Then she reported this matter to the Superintendent of Police Katni and also lodged a report in Mahila Thana, Katni and started living along with her daughter in her parental house. She is not having any means of income and when applicant denied for giving any maintenance then she filed the application before the Family Court, Katni. Applicant denied all the facts, as alleged in the application by respondent No.1. Learned Family Court, after recording the evidence of both side passed the impugned order dated 05.04.2019, partly allowed the application and directed the applicant to pay maintenance as aforesaid. Being aggrieved by that order of maintenance, applicant filed this criminal revision on the ground that the applicant is earning only Rs.8,000/- per month and the amount awarded by the learned court is on higher side.

(3.) Learned counsel for the applicant submits that, Respondent No.1 have also filed an application under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as ' DV Act ') and in that case also she is getting Rs.2,500/- per month as interim maintenance. Learned Family Court not adjusted that amount in the maintenance allowance. Learned counsel further submits that, as applicant is only earning Rs.8,000/- per month and learned Family Court awarded total Rs,8,000/- as maintenance, that is not sustainable.