PRAKASH KUSHWAHA Vs. POOJA

JUDGEMENT

(1.) The applicant has preferred the present revision against the order dated 28.6.2008 passed by the Principal Judge, Family Court, Bhopal, whereby a maintenance of Rs.1,500/- per month was granted to the respondent.

(2.) The facts of the case, in short, are that, the respondent has moved an application under Section 125 of the Cr.P.C. against the applicant that the marriage of the respondent and the applicant took place on 12.7.2000 at Hanuman Mandir, Karod square, Bhopal. For first 6 months, the behavior of the applicant and his family members was good. Thereafter, the applicant's family members started harassing the respondent for dowry demand. They directed to bring a sum of Rs.50,000/- and a motorcycle from her father. On 6.1.2003, the respondent had submitted an application to Pariwar Paramarsh Kendra, Police Station Shahjahanabad, District Bhopal. Thereafter, the applicant took her again but, the behavior of the applicant and his family members was same as it was prior to that compromise. The respondent sent a letter to her parents on 7.6.2004 and thereafter, the applicant and his family members sent her to her parents house on 18.9.2005. She had also lodged an FIR for offence under Section 498-A of IPC and Section 3/4 of Dowry Prohibition Act. She claimed a maintenance of Rs.5,000/- per month by showing that the applicant was having a hotel and also some agricultural land and his income was more than Rs.1 Lac per annum by cultivation.

(3.) The applicant in his reply denied all the allegations made by the respondent. According to the applicant on 18.9.2005, the respondent was taken by her cousins Pappu and Lakhan. Thereafter, the respondent was not sent to the house of the applicant. The applicant denied about his income. He has pleaded that the respondent was earning a sum of Rs.4,000-5,000/- per month by tuitions. She was also earning a sum of Rs.2,000-2,500/- by stitching and embroidery. It was specifically pleaded that initially the parents of the respondent did not sent the respondent to the house of the applicant with the pretext that the respondent was of tender age. The respondent attended various functions in the house of the applicant for 1-2 days and again she went to her parents house. On 18.5.2003, there was a marriage of sister of the applicant and the respondent was residing with her sister at Ujjain but, she was not sent by her sister. On 18.9.2005, Pappu, cousin of the respondent alongwith Lakhan and Kallu came to the house of the applicant and took the respondent and thereafter, she did not come to the house of the applicant and therefore, it is prayed that maintenance application may be dismissed.