LAWS(MPH)-2016-3-48

ARVIND Vs. VARSHA

Decided On March 14, 2016
ARVIND Appellant
V/S
VARSHA Respondents

JUDGEMENT

(1.) This revision under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for short) has been filed by the applicant/husband against the order dated 02.07.2015, passed in M.Cr.C. No.387/2014, by learned Principal Judge, Family Court, Chhindwara, whereby learned Principal Judge, Family Court, Chhindwara, directed the applicant to pay maintenance amount of Rs.4,000/- 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 13.06.2012 as per the Hindu rites and rituals. It is alleged by the respondent that after sometime of marriage the applicant and his family members were harassing the respondent on demand of dowry. The respondent has no source of income neither her parents has been able to take care of her. It is also contended that the applicant is Assistant Teacher and the fact is also on record that another lady Sangeeta is living with the applicant, therefore respondent-wife is living separately.

(3.) Applicant entered his appearance by filing reply and contended that the respondent has not fulfilled her marriage obligations. She went to her parents house on many occasions without giving any information and taking permission from the applicant and his parents. The applicant has never demanded any dowry. The respondent without any reason left the house of the applicant and never turned up, therefore, the application filed by the respondent deserves to be dismissed.