YASHWANT GOLHANI Vs. SMT. LAXMI GOLHANI

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been filed by the applicant against the order dated 07.03.2015, passed in Misc. Criminal Case No.78/2013, by the learned Judicial Magistrate First Class, Jabalpur, whereby the application for grant of interim maintenance filed by the non-applicant has been allowed and the applicant was directed to pay interim maintenance to the tune of Rs.2,500.00 per month to the non-applicant.

(2.) The brief facts of the case are that the marriage between the applicant and the non-applicant was solemnized on 19.02.2009 at Bhedaghat, Jabalpur, according to Hindu rites and rituals. The non-applicant after sometimes of the marriage alleged that the applicant and his family members harassed her for demand of dowry and committed cruelty with her and on account of the aforesaid harassment, she was living separately in her parental house.

(3.) The application on behalf of the non-applicant under the provisions of Sec. 125 of the Code has been filed before the learned trial Court contending that the nature of the applicant and his family members on account of demand of dowry is cruel-some, hence, the non-applicant physically and mentally tortured by them. When the behaviour of the applicant and his family member was not change, therefore, the non-applicant returned to her parental house. The applicant is a Doctor and was engaged in the business of agriculture and as such earned Rs.10,000.00 per month, hence, the non-applicant prayed for interim maintenance to the tune of Rs.5,000.00 per month.