SAMEER Vs. JYOTI

JUDGEMENT

(1.) This Criminal Revision filed on behalf of the revision petitioner husband Sameer, is directed against order dated 21.1.2015 passed in Miscellaneous Case No. 442/2014 by the Principal Judge, Family Court, Katni, whereby respondent wife Jyoti was awarded maintenance @ Rs. 5000/ - per month under Section 125 of the Code of Criminal Procedure.

(2.) It is not in dispute that the petitioner husband had married the respondent wife by Hindu rites on 30.4.2005 and she has been staying separately since 30.1.2007 from petitioner husband with her parents at Katni.

(3.) Apart from the aforesaid facts, the case of the respondent wife before the Family Court was that at the time of marriage her parents had given cash and household goods worth Rs. 4 lakhs by way of dowry; however, the petitioner husband and his family members use to physically and mentally harass her on the pretext of insufficient dowry. When the parents of respondent wife came to her matrimonial home, the petitioner husband and his family members did not allow them to meet the respondent; whereon, her parents lodged a report with Superintendent of Police Katni on 14.12.2006 and with Family Consultation Center at Katni 21.12.2006. When the petitioner husband and his family members learnt about the reports, they beat her up and made her sign some blank papers. On 30.1.2007, the petitioner husband and his family members took the respondent wife to her maternal home and demanded to Rs. 5 lakhs and a Bolero Car in dowry. When their demand was not met, they dropped respondent wife at her matrimonial home and left. Thereafter, 12.2.2007 the respondent wife lodged a report against the petitioner husband; however, he neither returned her Streedhan and nor came to take her back. Ever since, she has been living at her matrimonial home and is unable to maintain herself. The petitioner husband is an advocate and earns Rs. 40,000/ - per month. His father is also an advocate; therefore, it was prayed that the respondent wife be awarded a maintenance @ Rs. 20,000/ - per month.