SHIKHA Vs. AVANEESH MAHODAYA

JUDGEMENT

(1.) Both the Criminal Revisions are arising out of the same order and hence both the revisions are being heard and decided with this common order analogously.

(2.) These criminal revisions have been preferred under Sec. 19(4) of the Family Courts Act, 1984, r/w S. 397 and 401 of Cr.P.C. by the the Husband and Wife respectively being aggrieved by the order dtd. 15/5/2019 passed by the learned Principal Judge, Family Court, Indore in M.Cr.C No.295/2015 whereby learned Principal Judge allowed the application under Sec. 125 of Cr.P.C. filed by the wife by directing the husband to pay interim maintenance of Rs.60,000.00 to the wife, per month.

(3.) Brief facts of the case are that, the wife has filed an application under Sec. 125 of Cr.P.C. before the Family Court, Indore seeking maintenance from the husband. As per her application, she got married with her husband by Hindu rights and rituals on 27/11/2023. She stayed with her husband and her in-laws at Pune, Abu-Dhabi and Dubai, wherein she was performing her duty as an ideal wife and always taken care of her husband and his family members. It has been alleged in the application that the husband has not taken care of her and used to harass her physically and mentally. In the year 2006 wife got pregnant and at that time also the petitioner used to harass her and subjected her to perform heavy house hold work due to which she suffered a miscarriage. She was continuously subjected to torture due to which many a times she was compelled to stay at her maternal house. Husband has also refused to take her to Dubai so also he threatened her to kill if she comes to Dubai, Thereafter, she started residing in her maternal house. It is further alleged in the application that the husband is working as vice president in Citi Bank, Dubai and earning 1,60,000 Diram per annum i.e. 13,333/- Diram per month and in addition to that income he earns Rs.50,000.00, hence in order to live a life in accordance with standard of living of her husband, she filed an application under Sec. 125 of Cr.P.C seeking maintenance of Rs.60,000.00 per month.