RAVI KIRAN ARIGELA Vs. D.ASHA

JUDGEMENT

(1.) This revision petition has been filed by the applicant u/S 19(4) Family Courts Act, 1984 (hereinafter referred as Act 1984) r/w S. 397 and 401 of Cr.P.C., against the order dtd. 11/11/2022 passed by II Additional Principal Judge, Family Court, Indore, M.P. in Miscellaneous criminal case No.578/2016, whereby the learned trial Court has partly allowed an application u/S 125 of Cr.P.C. and awarded Rs.10,000.00 per month maintenance to the respondent/wife from the petitioner/husband.

(2.) It is an admitted fact that the marriage of the petitioner/husband is solemnized with the respondent/wife as per Hindu ritual and rites on 22/3/2015. It is also admitted that in the case of HMOP No.464/2016, the Additional Family Court, Coimbatore allowed a petition u/S 13(1)(i-a) of the Hindu Marriage Act, 1955, filed by the husband and granted ex-parte decree of divorce between the parties on 14/12/2016, on the ground of cruelty by wife.

(3.) Facts giving rise to this case are that the respondent/wife during pendency of divorce petition at Family Court, Coimbatore, had filed an application for maintenance u/S 125 of Cr.P.C., stating that few days after the marriage, the petitioner had started to harass the respondent/wife and started to demand Rs.10,00,000.00 as dowry and on non-fulfillment of demands, he had started to physically assault her. He did not use to let the respondent/wife talk to her parents and used to tell her that she is ugly. Respondent/wife, in order to save the relation, had borne all the cruelty caused upon her but the petitioner/husband's behavior did not improve. The petitioner/husband used to get messages and calls from other girls on his phone and when the respondent/wife used to object for the same, he used to harass her. One year before the filing of maintenance application, the petitioner/husband had got the respondent/wife out of his house. Since then, she has been living in a rented room and the petitioner/husband has not arranged anything for her. Respondent/wife is dependent on her father and has no source to maintain herself. While the respondent is working as Botanical Scientist at Botanical Survey Of India from where he receives a monthly salary of Rs.50,000.00. Therefore, she prayed to be given a monthly maintenance of Rs.25,000.00 from the petitioner/husband.