MANOJ MALVIYA Vs. SAROJ

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner under Sec. 19(4) of the Family Courts Act, 1984 being aggrieved by the judgment dtd. 18/10/2023, passed in MJCR No.240/2020, by the learned Principal Judge, Family Court, Ujjain, whereby the learned Family Court has partly allowed the application filed under Sec. 125 of Cr.P.C by awarding maintenance of Rs.4,000.00 per month to respondent/wife from the date of application i.e. 6/10/2020.

(2.) Facts gathered from the present petition and impugned order in brief are that petitioner and respondent got married on 28/6/2010 at Ujjain. An application under Sec. 125 of the Cr.P.C was filed by the respondent /wife on 1/10/2020 before the Family Court, Ujjain stating that petitioner/husband caused cruelty to her and had extra marital affairs and was negligent in maintaining her and she has no means to maintain herself.

(3.) Learned counsel for the petitioner/husband replied that respondent/wife is an advocate and she belongs to upper caste and she is not willing to continue her married life with the petitioner/husband. He also alleged that respondent/wife is living an adulterous life. The income of the petitioner is very low whereas respondent/wife has sufficient source of income to maintain herself. Respondent/wife has filed several cases against the petitioner to create undue pressure upon him. Heard.