LAWS(MPH)-2016-12-52

LAKHMICHAND JAIN Vs. MUNNI BAI AGRAWAL

Decided On December 06, 2016
Kaushal Kishor Gupta S/o Shri Ayodhya Prasad Gupta, aged about 62 years, R/o Village Birsinghpur, Thana Sabhapur, Tahsil Birshinghpur, District Satna (M.P.) Appellant
V/S
Smt. Satyavati Gupta, W/o Shri Kaushal Kishor Gupta, aged about 56 years, R/o Bhainsvar, Thana Kothi, District Satna (M.P.) Respondents

JUDGEMENT

(1.) This revision under Sec. 19(4) of Family Court Acts, 1984 has been filed by the applicant/husband against the order dated 05.05.2016, passed in MJC No.264/2015, by learned Principal Judge, Family Court, Satna (M.P.), whereby learned Family Court, enhanced the maintenance amount from Rs.800.00 to Rs. 4,000.00 per month to the respondent/wife.

(2.) The application on behalf of the respondent was filed under the provisions of Sec. 125 of the Code of Criminal Procedure, 1973, hereinafter referred to as "the Code ", contending that the marriage between the applicant and the respondent was solemnized about more than 37 years ago as per the Hindu rites and rituals. It is contended by the respondent that after marriage the applicant used to harass the respondent and in the year 1986, the applicant seized the ornaments and other articles from the respondent and deserted her, since then the respondent has been living at her paternal house. It is also contended that the respondent has neither any source of income nor her parents is able to take care of her. It is also contended that the applicant is very good source of income.

(3.) Applicant entered his appearance by filing reply and contended that the respondent has not fulfilled her marriage obligations. The respondent without any reason left the house of the applicant and never turned up. The respondent has agricultural land from which she earns and also gains money from grocery shop, work of stitching, thus the respondent has enough money to survive.