MEHESHWAR TYAGI @ VIKKI Vs. SMT. MANU @ MONIKA

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C has been filed against the order dated 01.01.2011 passed by Sessions Judge, Guna in Criminal Revision No.217/2010 arising out of the order dated 21.09.2010 passed by J.M.F.C., Guna in M.Cr.C.No.24/2008 by which the Court of J.M.F.C., Guna while allowing the application under Section 125 of CrPC had directed that the applicant shall pay Rs.2,000/- per month to the respondent by way of maintenance.

(2.) The undisputed fact is that the applicant and the respondent are husband and wife. The facts necessary for the disposal of this case are that an application was filed by the respondent under Section 125 of CrPC for grant of maintenance contending inter alia that she was married to the applicant on 03.06.2006 as per Hindu rites and rituals. Near about four months after the marriage, she resided happily with the applicant but thereafter the applicant along with his family members started putting several allegations against her and they used to say that they have got less dowry and on account of non- fulfillment of dowry, she was beaten by the M.Cr.C.No.738/2011 (Maheshwar Tyagi @ Smt. Manju @ Monika) applicant. Even the food was not given to her for two-two days. When she got pregnant, the mother of the applicant forced her to consume certain medicine, as a result of which, her physical condition had become critical. The applicant and his family members started demanding Rs.2 lacs and as she could not fulfill their demand, therefore, she was turned out from the matrimonial house. It was further stated in the application that for last four months, she is residing in the house of her parents but nobody has come to take her back or has provided any maintenance. Whenever, the parents of the respondent talked to the applicant on phone then the applicant extended the threat that he will take divorce from the respondent. Thus, it was submitted that because of non-fulfillment of demand of dowry, the applicant is being harassed and treated with cruelty. It was further submitted that the applicant is owner of truck from which he is earning Rs.20,000/- per month and he has given one Auto on rent, as a result of which, he is getting Rs.8,000/- per month and from other business also he is earning Rs.20,000/- per month. It was further stated that the respondent is not doing anything and she is unable to maintain herself, therefore, a prayer was made for grant of maintenance of Rs.5,000/- per month to M.Cr.C.No.738/2011 (Maheshwar Tyagi @ Smt. Manju @ Monika) her.

(3.) The applicant filed his reply to the application filed by the respondent. He denied the allegation of harassment and cruelty. He further denied the allegation of demand of dowry of Rs.2 lacs. On the contrary, it was stated that the applicant is the only son of his parents and after the marriage, it was the respondent who was not treating her in- laws properly. The respondent created such a situation in the house, as a result of which, he shifted to rented house. The applicant was not allowed to meet even his parents and sisters and whenever he used to meet them, the respondent used to fight with him and used to extend threat that his parents and sisters as well as family members will be falsely implicated in the offence. It was further stated that the respondent has voluntarily left her matrimonial house. The applicant further denied that he is the owner of the truck and contended that he had purchased an Auto by getting the same financed and he is required to pay Rs.4,000/- to Rs.5,000/- per month by way of installments. It was further submitted that after making the payment of installment, he is only earning Rs.2,000/- per month. It was further submitted that on the false allegation, the respondent has got an offence registered under Section 498-A of IPC against him M.Cr.C.No.738/2011 (Maheshwar Tyagi @ Smt. Manju @ Monika) and his family members.