INDRA KUMAR JAT Vs. SMT. NAINIKA JAT

JUDGEMENT

(1.) This revision under Section 397/401 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 17.12.2015, passed in MJC, No.289/2015, by learned Principal Judge, Family Court, Jabalpur, whereby learned Principal Judge, Family Court, Jabalpur partly allowed the application for grant of interim maintenance and directed the applicant to pay interim maintenance amount of Rs.3,000/ - per month to respondent no.1/wife and Rs.1,500/ - per month each to the respondent no.2 and 3/children.

(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 no.1 was solemnized on 16.06.2003 as per the Hindu rites and rituals. Respondent no.2 and 3 are the son and daughter of the couple. It is alleged by the respondents that after sometime of marriage the applicant and his family members demanded dowry, restricted the respondent no.1 to met with her parents and thus, tortured her. The parents of the respondent no.1 also gave some amount to fulfill their demand but their behavior never changed. After 12 years of marriage the applicant and his family member alleged the respondent no.1 with regard to her character and deserted her. It is further contended that the applicant is having Stall of Tea/Juice and also having Autorickshaw and as such earns Rs.20,000/ - per month. On the contrary respondent no.1 is living along with her parents, having no source of income, hence, prays for maintenance to the tune of Rs.4,000/ - per month for herself and Rs.3,000/ - each per month for respondent no.2 and 3.

(3.) Along with main application, an application for grant of interim maintenance also filed.