MAHIMA Vs. VED PRAKASH PATEL

JUDGEMENT

(1.) This revision petition u/S 19(4) of the Family Courts Act has been filed by the petitioner/wife being aggrieved by the order dtd. 22/8/2023 passed by I Additional Principal Judge, Family Court Indore in MJC No.1443/2021, whereby the learned trial Court has partly allowed interim maintenance application filed by the petitioner/wife and awarded her Rs.3,500.00 per month from 25/4/2023.

(2.) It is admitted fact that the petitioner/wife and respondent/husband got married on 22/4/2021 as per Hindu rites and rituals. It is also admitted fact that the respondent/husband is working in Indian Railway as an Assistant Loco Pilot.

(3.) The petitioner/wife has filed an application for maintenance u/S 125 of Cr.P.C., and has also filed an application for interim maintenance stating that after marriage, she used to live with respondent/husband at her matrimonial house. Thereafter, her husband started to harass her physically and mentally, in furtherance of demand of dowry of Rs.50,00,000.00 and a Creta car and for other domestic reasons as well. In furtherance of the aforesaid, the respondent had deserted petitioner/wife. Since 21/6/2021, she has been living at her maternal house. On 13/10/2021, the petitioner/wife had lodged an FIR for demand of dowry against respondent/husband and his family members at P/S Mahila Thana, Indore. The petitioner has no source of income to maintain herself. While the respondent is in a government job and receives salary of Rs.70,000.00 per month. Therefore, the respondent is capable to maintain the petitioner but he denied to maintain her. She sought interim maintenance of Rs.30,000.00 per month and counsel's fees Rs.25,000.00 in lump sum.