RAKESH SINGH Vs. SEEMA DEVI

JUDGEMENT

(1.) The applicant has filed this criminal revision under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dtd. 27/05/2022 passed by learned Principal Judge, Family Court Morena, District- Morena (M.P.) in MJCR No.232/2021, whereby the application preferred by the respondent-wife for interim maintenance has been partly allowed and applicant was directed to pay Rs.8000.00 per month to the respondent-wife as interim maintenance.

(2.) It is not in dispute that the applicant and respondent got married on 21/06/2003 as per Hindu rites and rituals and out of their wedlock, they are having two children. Respondent is living separately from the applicant because of misbehavior and ill-treatment of the applicant on account of dowry demand. The petitioner, being husband, not provided any allowance to her for maintenance, hence she filed an application under Sec. 125(4) of Cr.P.C. against the applicant seeking interim maintenance. Learned Principal Judge, Family Court Morena after hearing both the parties, directed the applicant to pay of Rs.8,000.00 per month as an interim maintenance to his wife, respondent herein.

(3.) The applicant has assailed that impugned order on the ground of quantum of maintenance amount and submitted that respondent is living separately on her own volition as she is having illicit relation with some other persons in regard to which applicant has submitted some photographs and pen drive. Respondent-wife used to harass the children of the applicant and threaten to kill them by showing the applicant through video calling and used to demand the money from the applicant. She runs a beauty parlour. Therefore, prayed for reducing the maintenance amount.