YASH ATTRI Vs. SMT. TUSHARIKA ATTRI

JUDGEMENT

(1.) This criminal revision has been preferred on behalf of the petitioner/husband against order dated 30.3.2015 passed by the Court of Principal Judge, Family Court, Satna in M.J.C. No.532/2014, whereby the application dated 13.2.2015 filed on behalf of the petitioner/husband Yash Attri for dismissal of M.J.C. No.532/2014 on the ground of maintainability, was rejected.

(2.) The facts giving rise to this criminal revision may be summarized as hereunder: The respondent/wife filed an application under Section 125 of the Cr.P.C. for maintenance in the Court of Principal Judge, Family Court, Satna, on 30.8.2014. She also filed an application for interim maintenance, which was allowed by order dated 2.2.2015 and the petitioner/husband was directed to pay Rs. 4000/- per month from October, 2014. It was further directed that the aforesaid sum of Rs. 4000/- per month shall adjustable against the maintenance awarded to the respondent/wife by the judgment and decree dated 13.5.2014 passed by the Principal Judge, Family Court, Bhopal in Regular Civil Suit No.1009/2013 for restitution of conjugal rights.

(3.) It may be noted here that earlier, the petitioner/husband had filed a petition under Section 9 of the Hindu Marriage Act in the Court of Principal Judge, Family Court, Bhopal, which was registered as regular civil suit No.1009/2013. In that case, respondent/wife Tusharika Attri appeared on 13.5.2014 and filed a written reply to the effect that she was ready and willing to live with the petitioner/husband and discharge her marital obligations towards him as his wife; therefore, the petitioner/husband be directed to take her with him. In view of the reply filed by the respondent/wife, learned Principal Judge, Family Court, Bhopal passed a decree on 13.5.2014 under Section 15(1) of the C.P.C., directing petitioner/husband to take respondent wife with him and directing the respondent/wife to live in matrimony with him. In the alternative, the Court directed that if the petitioner/husband does not keep the respondent/wife with him and spend matrimonial life, he would pay Rs.4000/- per month to respondent wife.