PUJA MAKHIJA Vs. JITENDRA MAKHIJA

JUDGEMENT

(1.) In this revision under Sec. 397/401 of the Code of CriminalProcedure, the applicant - wife has cha1llenged the validity of the order dtd. 23/6/2022 passed in MJCR No.537 of 2016 whereby the application preferred by the applicant under Sec. 125 of the Cr.P.C. has been allowed in part and the non-applicant/husband has been directed to pay maintenance at the rate of Rs.25,000.00 per month to the applicant wife from the date of filing of the application.

(2.) The facts of the case, in a nutshell, are that the applicant filed an application under Sec. 125 of the Code of Criminal Procedure claiming maintenance at the rate of Rs.50,000.00 per month. It is not disputed that the marriage between the applicant and non-applicant was solemised on 10/12/2013 as per Hindu rites and rituals. It is also not disputed that the applicant-wife is a B.D.S. doctor. The applicant had lodged an FIR on 27/6/2016 bearing Crime No.284 of 2016 against the respondent for offences under Ss. 498 of the IPC and Ss. 3 and 4 of the Dowry Prohibition Act. Thereafter offence under Sec. 325 of the IPC was also registered.

(3.) It was averred that at the time of marriage, the parents of the applicant had given dowry and other gifts as per their capacity. Earlier, the applicant was practising as Dentist but after marriage due to pressure of the respondent, she left her practice. The respondent used to harass and torture the applicant by beating her and alleging about her infertility. Due to harassment and torture by the respondent, she is living at her parental home and the respondent is not maintaining her.