SAURABH MALVIYA Vs. APURVA MALVIYA

JUDGEMENT

(1.) This Criminal revision petition is preferred under Sec. 19(4) of the Family Courts Act, 1984 being aggrieved by the order dtd. 24/6/2025 passed in MJCR No.78/2023 by Principal Judge, Family Court, Mandsaur whereby an amount of Rs.40,000.00 per month has been awarded as maintenance in favour of the respondent/wife from the date of application i.e. 3/4/2023 under Sec. 125 of Cr.P.C., 1973.

(2.) Facts in brief are that the couple was married on 28/5/2018 and the marriage was registered under the provision of Special Marriage Act, 1954 and thereafter, the family rituals/ reception was arranged at Mandsaur on 22/1/2019 and the family members of both the parties were present. They lived together upto 25/8/2022. On 3/4/2023, an application claiming maintenance of Rs.50,000.00 per month was preferred alongwith the cost of Rs.15,0000.00 towards the proceedings alleging that she was subjected to cruelty for non-fulling the unlawful demands of revision petitioner. At the time of settlement of the marriage proposal, the revision petitioner was working in United Kingdom and he assured that after the marriage the couple will settle permanently in U.K. thereafter, he return to India and join a company in Pune. Wife cooperated the husband and thereafter, the revision petitioner shifted to Banglore and purchase a flat of Rs.30.00 lacs and received the amount from the parents of wife to purchase the said flat. Thereafter, demand was increased and insisted to further fulfill demand of Rs.50.00 lacs. At least she was compelled to file a complaint. She has no source of income whereas the revision petitioner is working as Assistant Manager in Ganpact Pvt. Ltd. an American Company and earning Rs.18.00 lacs per annum, he has 30-40 bighas of land and earning Rs.20.00 lacs per annum from the said agriculture land, he is also earning Rs.3,00,000.00 per month as rental income from a house situated in Makshi and Rs.20.00 lacs as income from interest and also having other sources of income also.

(3.) In reply, all the allegations were denied and it was pleaded that the respondent/wife is highly educated and wall qualified and is bachelor of Engineering from Rajiv Gandhi Technical University, Bhopal and earns Rs.50,000.00 from job, she is also working as a freelancer and Story Brand Artist. All the Streedhan is with her. She transferred an amount of Rs.4,50,000.00 and Rs.3,00,000.00 to her brother and possess an amount of Rs.8.5 lacs in her account. In proceedings under Sec. 13-B of Hindu Marriage Act, 1925, she agreed to withdraw all the pending cases against him, but still continued the proceedings.