JAYA JAIN Vs. ASHWIN JAIN

JUDGEMENT

(1.) This order shall also govern the disposal of Cr.Rev.No.883/2015 as in both the petitions, the parties are husband and wife.

(2.) Cr.Revision No.1164/15 has been preferred by the wife - Smt. Jaya Jain while Cr.R.No.883/15 has been preferred by the husband -Ashwin Jain, being aggrieved with the order passed by I Addl. Principal Judge, Family court, Indore in MJC case No.1144/14 whereby the husband has been directed to pay interim maintenance to the wife @ Rs.8,000/ - while the wife has challenged the inadequacy of the maintenance amount.

(3.) Brief facts of the case are that petitioner -wife has filed an application u/s 125 of the Cr.P.C. for grant of maintenance alleging that after marriage her husband has started demanding dowry and due to nonfulfilment of demand of dowry, he illtreated her and ultimately turned out her on 2.2.14 from her matrimonial home and since then she is residing separately. She has no source of income while her husband is a Doctor and he also runs a medical store and have 20 bighas of agricultural land and other properties and earns Rs.3.4 Lacs per month. The prayer was opposed by the husband denying the allegation and submitting that wife is not willing to reside with him and she is residing separately without any sufficient reason. He further submits that he had taken loan and his wife was looking after the medical store. His wife is doing some job at Indore and is earning Rs.20,000/ - per month. Learned court below after appreciating the evidence on record has allowed the application and directed the husband to pay interim maintenance @ Rs.8,000/ - per month.