BHANWARLAL SURESH Vs. RADHABAI

JUDGEMENT

(1.) BY this revision petition under Section 19 of the of the Family Courts Act, 1984, petitioner Bhanwarlal has challenged the order dated 5/12/2012 passed by the Principal Judge, Family Court Ujjain in Miscellaneous Criminal Case No.322/2011 awarding maintenance of Rs.2,000/ - each to the wife Radhabai and two sons.

(2.) BRIEF facts of the case are that respondent wife Smt. Radhabai was married to the petitioner, according to the Hindu rites ten years prior to the application at village Paykunda Tehsil Badnawar, District Dhar and two sons were born out of the said wedlock. That initially the behaviour of the husband was good towards the wife but she was physically and mentally harassed by her husband and he also started demanding dowry for a sum of Rs.50,000/ - from her parents and demands were raised to one motorcycle and he complained that she did not carry out her domestic work properly. He was also treating the sons with cruelty. The respondent wife therefore, started living separately with her parents and she filed an application stating that she has been physically beaten up by the petitioner husband and filed a report at the police station Kanvan District Dhar on 5/8/2008. On the basis of this report offence under Section 498 - A of the IPC has been registered against the petitioner husband and on 5/8/2008 the petitioner was arrested.

(3.) THE defence of the petitioner husband was that he denied all the allegations and he denied that respondent was his wife and also denied the compromise whereby it was agreed on stamp paper that 7 bighas of land would be given to the respondent wife and he denied that he had any land. Moreover, the husband petitioner also denied that the wife was living with him and hence, no question of beating or ill treating her arose. The petitioner husband also stated that the respondent wife had sufficient means to look after herself. Hence, the petitioner husband prayed for dismissal of the application.