HARISH RAISEN Vs. KAVITABAI RAISEN

JUDGEMENT

(1.) THE applicants have preferred these revisions under Section 397 of Criminal Procedure Code feeling aggrieved by the impugned order dated 13 -6 -2005 passed by Additional Judge, Family Court, Indore in M.Cr.C. No. 941/05 whereby allowed the petition filed on behalf of the Smt. Kavitabai/wife under Section 125 of Criminal Procedure Code and ordered for the grant of maintenance amount of Rs. 1000/ - per month in favour of the wife/Smt. Kavitabai.

(2.) THE husband/Harish has challenged the aforesaid order for the grant of maintenance amount in favour of the wife/Smt. Kavitabai whereas the wife/Smt. Kavitabai has challenged the impugned order with regard to insufficient amount of maintenance granted by the trial Court, therefore, prayed for enhancement of the aforesaid amount.

(3.) BRIEFLY stated the facts of the case are that, the wife/Smt. Kavitabai is the legally wedded wife of the non -applicant/Harish. Their marriage took place as per Hindu Custom. It is alleged that after their marriage, the husband/Harish had started treating the wife/Smt. Kavitabai with cruelty and also beat her several times and threaten her for the divorce also. He also threatened her that he would re -marry with some other lady. Because of this cruelty coupled with demand of dowry, the wife Smt. Kavitabai had been forced to live separately at her parental house at Indore. As the husband/Harish is not paying any maintenance amount to the wife/Smt. Kavitabai, therefore, on the basis of these allegation, the wife/Smt. Kavitabai had filed a petition under Section 125 of Criminal Procedure Code for the grant of maintenance before the Family Court, Indore. The learned Presiding Judge of the Family Court, Indore after due appreciation of the evidence, both the parties allowed the petition and ordered for the grant of the maintenance amount of Rs. 1000/ - per month in favour of the wife/Smt. Kavitabai. Feeling aggrieved by which, the husband/Harish has preferred Criminal Revision No. 737/05 for setting aside of the impugned order for the grant of the maintenance whereas the wife/Smt. Kavitabai has also filed Criminal Revision No. 881/05 feeling aggrieved by the quantum of the maintenance amount granted by the trial Court and prayed for enhancement of the aforesaid amount.