AMAR SINGH Vs. VIMLA

JUDGEMENT

(1.) This criminal revision under Sec. 397/401 of Cr.P.C. r/w Sec. 19(4) of Family Court Act has been filed against the order dtd. 10/10/2020 passed by Principal Judge, Family Court Guna in case MJC No.72/2018, by which the application filed by the respondent under Sec. 125 of Cr.P.C. has been allowed and the applicant has been directed to pay Rs.7,000.00 per month from the date of the order.

(2.) The necessary facts for disposal of present revision in short are that, the respondent filed an application under Sec. 125 of Cr.P.C. on the ground that she got married to the applicant on 25/05/2013 in accordance of Hindu Rites and Rituals. Since, the applicant and her in-laws were not satisfied with the dowry, therefore, they used to beat her, harass her for demand of a four wheeler and cash amount. About seven months prior to filing of the application i.e. in the month of September, 2017, the respondent was ousted from her matrimonial house and thereafter, she is residing in her parental home. In the meanwhile, neither the applicant came to take her back nor made any efforts to lookafter her. The respondent is on the verge of starvation. Her father is poor and is not in position to bear her expenses and accordingly, it was prayed that for meeting out necessary expenses, the applicant be directed to pay Rs.15,000.00 per month by way of maintenance amount. It was further pleaded that the applicant belongs to a rich family and is having 50 bigha of agriculture land with two tube wells. The applicant has cattles, tractor and other agriculture equipments. He has a house and accordingly, the yearly income of the applicant is Rs.50,00,000.00.

(3.) The applicant filed his reply to the application filed under Sec. 125 of Cr.P.C. He admitted that he got married to the respondent on 25/05/2013. It was claimed that since, both the parties are poor and since they were not in a position to bear the expenses of marriage and therefore, the marriage was performed in Sammelan. The marriage was performed without any dowry. The allegation of harassment due to non fulfillment of demand of four wheeler and cash amount was denied. It was also denied that the respondent was ousted from her matrimonial house about seven months prior to the filing of application. It was pleaded that for the first time the respondent had resided in her matrimonial house for a period of four days and during this period her behavior towards her in-laws was cruel. It was further pleaded that the respondent never allowed the applicant to consummate the marriage and she was continuously challenging the potency of the applicant in the society. The respondent is an expert in stitching and is also running beauty parlor and earning rupees thirty to forty thousand per month. She is maintaining her parents out of her own income that is why the parents of the respondent are not permitting her to come to her matrimonial home. It was further pleaded that in fact the parents of the respondent are insisting that the applicant should reside in the parental home of the respondent as Gharjamai. When the applicant refused to do so, then a false criminal case under Sec. 498-A of IPC was instituted against the applicant and his family members. Later on the applicant and his family members were acquitted. It was further denied that the applicant is having any agriculture land, house, two tube wells, tractor and agricultural equipments. He also denied that he had any cattles, it was also denied that yearly income of the applicant is Rs.50,00,000.00. It was further pleaded that the applicant is a student and is working on a part time basis in a shop from where he is getting Rs.2,000.00 per month and apart from that, the applicant has no source of income. It was further pleaded that after the marriage, when the applicant went to the parental home of the respondent to take her back, then for half an hour, the respondent and her family members did not open the door and thereafter, they insisted that the respondent should be permitted to reside in her parental home for next 8 to 10 days. Accordingly, the applicant came back from the door of the parental home of the respondent. Thereafter, the applicant again went to the parental home of the respondent to take her back. However, although the respondent was permitted to come back to her matrimonial home but the applicant was disrespected. Whenever the applicant informed the parents of the respondent about her cruel behavior then every time they replied that if the applicant wants to leave the respondent then he can do so but he has to pay an amount of Rs.15.00 to 20 Lacs. In reply several allegations were made against the respondent and her parents about cruel behavior.