AMIT RAO NAIDU Vs. RASHMI NAIDU

JUDGEMENT

(1.) This application under Section 482 of Criminal Procedure Code, 1973, hereinafter referred to as "the Code", has been filed by the applicant/husband against the order dated 28.07.2015, passed in Misc. Criminal Case No.776/2014, by learned Principal Judge Family Court Bhopal, whereby learned Family Court, Bhopal directed the applicant to pay interim maintenance amount of Rs. 5,000/- per month to respondent/wife.

(2.) The application on behalf of the respondent filed under the provisions of Section 125 of the Code, contending that the marriage between the applicant and the respondent was solemnized on 31.03.2014 as per rites and rituals. It is alleged that after sometime of marriage the applicant started cruel behavior with the respondent raising demand of dowry, on being refusal to fulfill the demand of dowry, the respondent was subjected to beating, due to which the respondent left the house of the applicant and has been living at parental house. The respondent also duly prayed for interim maintenance contending that the applicant is posted as Field Engineer in a Construction Company and earning healthy income, whereas the respondent is depend on her parents.

(3.) Applicant entered his appearance by filing reply and contended that the respondent has not fulfilled her marriage obligations. The respondent went to her parental house on her own will by pretending that the applicant was harassing for demand of dowry. The respondent is a well educated woman and capable to maintain herself, therefore she is not entitled for any maintenance from the applicant, hence, the award passed by learned Family Court granting interim maintenance to the respondent deserves to be dismissed.