RAJESH YADAV Vs. SAVITIR YADAV

JUDGEMENT

(1.) This revision under Section 397(1)/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 17.11.2014, passed in M.Cr.C. No.255/2014, by learned Principal Judge, Family Court, Sidhi, whereby learned Family Court allowing the application filed by the respondent/wife, directed the the applicant to pay maintenance amount of Rs.3,000/- 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 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 committed cruel behavior and harassed the respondent and also falsely alleged that she was sick, even doctor did not find any ailments of her. It was further alleged that the applicant demanded a Motor Cycle and for that reason applicant left the respondent to her parental house, but later on, when she came back without fulfilling the wish of applicant, the applicant again committed Marpeet with the respondent, thereafter, she taken a step to leave the house of the applicant and since then she has been living at her parental house. The respondent neither has any source of income nor her parents are able to take care of her because they are labour.

(3.) Applicant entered his appearance by filing reply and contended that the applicant has no income as he is only student and still pursuing the further studies and no record of income of applicant has been recorded or produced before the Court. It is further contended that the respondent Savitri was not the wife of the applicant against whom the marriage was taken place. The marriage of applicant was taken place with Smt. Bitti and the respondent was not the same lady as she is younger sister of Smt. Bitti and just to harass the applicant and his family members pressurizing to marriage with Savitri, all such action has been taken.