POOJA GOUR Vs. SHRI UMIT ALIAS PINKY PATEL

JUDGEMENT

(1.) This criminal revision filed on behalf of the petitioner wife is directed against the order dated 26.06.2015 passed by the Court of Principal Judge, Family Court, Hoshangabad, in Miscellaneous Case No.39/2013, whereby, the application filed by petitioner wife Pooja Gaur for maintenance at the rate of Rs.8,000/- per month under Section 125 of the Cr.P.C., was dismissed.

(2.) It is not in dispute that the petitioner married the respondent in February, 2012. Petitioner's case before the trial Court was that she lived at her matrimonial home till 02.02.2012. At the time of the marriage, a car, jewelry and household articles were given to the respondent in dowry. However, the respondent and his family members kept harassing the petitioner in connection with their demands for further amount of Rs.2,00,000/- in cash, by way of dowry. Due to aforesaid harassment and overwork, the petitioner fell ill. The respondent administered a tablet to the petitioner which led to further deterioration in her health. Thereafter, the respondent refused to get the petitioner treated. Consequently, petitioner's father took her to her parental home on 02.02.2012 and got her treated. The petitioner is unable to maintain herself and she is at present studying in 2nd year of B.Com. The respondent earns Rs.4 to 5 lacs per year from 32 acres of land owned by his family but he is neglecting to maintain the petitioner; therefore, it has been prayed that maintenance at the rate of Rs.8,000/- per month be awarded to the petitioner.

(3.) In reply the respondent has denied the allegations with regard to dowry harassment and he is stated that in fact the petitioner is mentally ill. Respondent got her treated by psychiatrists Dr. Tandon and Dr. Sahu at Bhopal. Thereafter, the petitioner's father took her to her parental home to continue her treatment. The petitioner had filed a case under Section 498 A against the respondent, in which he was acquitted. Subsequently, the petitioner filed another case under Section 406 of the IPC, which is pending. Thus, the petitioner is doing everything to harass the respondent. The respondent has further averred that he has moved an application for divorce, wherein he has been paying Rs.1500/- per month to the petitioner by way of interim maintenance; therefore, it has been prayed that the petition be dismissed.