VIJAY KUMAR GUPTA Vs. ANJALI GUPTA & OTHERS

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been filed by the applicant against the order dated 10.02.2016, passed in Misc. Criminal Case No.20/2015, by learned II Principal Judge, Family Court, Bhopal, whereby the application for grant of interim maintenance filed by the respondents has been partly allowed and the applicant was directed to pay interim maintenance to the tune of Rs.4,000/- per month to the respondents no.2 and 3.

(2.) The brief facts of the case are that the marriage between the applicant and the respondent no.1 was solemnized in the year 2000 at Damoh, according to Hindu rites and rituals and due to their wedlock two children i.e. respondent no.2 and 3 were born. It is alleged that after sometime the applicant and his family members harassed the respondent no.1 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 respondent no.1 under the provisions of Section 125 of the Code has been filed contending that the nature of the applicant and his family members on account of demand of dowry is cruel-some, hence, the respondent no.1 physically and mentally tortured by them. When the behavior of the applicant and his family member was not change, therefore, the respondent returned to her parental house. The applicant is a Government servant and is working as Wireman in Public Works Department and as such earned Rs.18,263/- per month, hence, the respondents prayed for interim maintenance.