JAI NARAYAN SEN Vs. AARTI SEN

JUDGEMENT

(1.) This petition under Section 482 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 15.05.2014, passed in Criminal Revision No.26/2014, by learned Sessions Judge, Damoh, whereby Sessions Judge has been confirmed the order dated 18.01.2014 passed by learned Judicial Magistrate First Class, Damoh in M.J.C. No.28/2013 for granting maintenance of Rs.4000/ - per month to the respondent/wife.

(2.) The application on behalf of the respondent was filed under the provisions of Section 125 of the Code against the applicant, contending that the marriage between the applicant and the respondent was solemnized on 30.05.2012 according to Hindu custom and rites and family of the respondent was given adequate dowry also. After marriage, it is alleged by the respondent that applicant and his family members were torturing and assaulting to her for demand of dowry and after some time, they have thrown out from matrimonial house. Since then respondent has been living with the parents in her parental house. The respondent and her family members persuaded the applicant at various time but he is not fulfilling his obligation. The respondent is a house wife and she has no source of income and applicant is a Police Constable and getting salary of Rs.18000/ - per month, therefore, the respondent has filed the application under Section 125 of the Code for maintenance.

(3.) Applicant entered his appearance by filing reply and denied all the allegations made by the respondent, contended that the applicant and his family members never tortured and assaulted to her on account of dowry. On the other hand the respondent does not want to live with the applicant and his family member and voluntarily left her matrimonial house on 05.07.2012 and since then she has been living with her parents but she was remain in contact through mobile with the applicant by using different Sim card and calling him and sending SMS and talking that the marriage performed by her father against her will and she did not want to live with the applicant and she wants to take divorce from the applicant. Inspite of that she has lodged several complaints with the Police at Jabalpur, Damoh, Sagar and Narsingpur. Thereafter, applicant also moved several complaints at Jabalpur and also moved an application before Police Paramarsh Kendra but she did not appear before the Police Paramarsh Kendra, therefore, the Police has directed the applicant to approach the Court. Salary of the applicant is only Rs.12,847/ - per month and the respondent is Postgraduate lady and doing tuition work. Therefore, the impugned order for granting the maintenance amount to the respondent deserves to be dismissed.