TRAPTI SWAMI Vs. VIJAY SWAMI

JUDGEMENT

(1.) This criminal revision is preferred being aggrieved by the order dtd. 12/6/2019 passed in Criminal MJC No.346/2018 by Principal Judge, Family Court, Ratlam whereby the application for maintenance under Sec. 125 of Cr.P.C, 1973 has been rejected at preliminary stage on the ground that her marriage dtd. 11/10/2017 with the respondent/husband is void under Sec. 11 of the Hindu Marriage Act, 1955.

(2.) Facts of the case in brief are that the revision petitioner/applicant filed an application under Sec. 125 of Cr.P.C 1973 before the Principle Judge, Family Court, Ratlam on 13/11/2018 claiming maintenance of Rs.35,000.00 with assertion that the marriage was solemnized on 11/10/2017 as per Hindu Rituals including Saptpadi at Ujala Place, Ratlam and they got registered the marriage and live as husband and wife. It is further alleged that this was their second marriage, both were earlier married and previous marriage of both the parties were dissolved by the decree of divorce. The factum of earlier marriage and divorce were communicated by both the parties to each other and the family members and the memorandum of facts were also recorded. It was further asserted that within the short period of marriage, the behaviour of husband and family members turned cruel. In the month of November, 2017, revision petitioner/wife and husband/respondent went on a trip to Thailand but on Thailand trip also, she was subjected to cruelty including physical assault. The respondent/husband always put a question mark on the fidelity of the petitioner/wife and leveling allegations of extra marital affairs and put resistance even on her routine. He used to record her conversation and extending the threat, he got recorded the voice of wife and prepared videos to create false evidence. When she tried to make aware the attitude of the husband to mother and father-in-law then they also subjected her to cruel behaviour and demanded Rs.25,00,000.00. In the year 2018, she was beaten with cruelty and due to which she sustained fracture in her lag. Respondent/husband got transferred to Hydrabad in relation to his job in software company and petitioner/wife resided with the parents of the respondent/husband where she was subjected to cruelty. She was extended threat of life and on 23/9/2018 also, she was assaulted physically thereafter, from 25/9/2018, she is residing separate at Ratlam. She has no source of income and she has not been provided any maintenance whereas, she needs Rs.30000.00 per month for maintenance. The respondent/husband is a software engineer, he earns Rs.1,20,000.00 per month as a job in Tech Link Software Pvt. Ltd. Company at Hydrabad.

(3.) Revision petitioner also filed an application for interim maintenance.