GAURAV LOHIYA Vs. NIDHI LOHIYA AND ANOTHER

JUDGEMENT

(1.) This revision under Section 397 and 401 of Cr.P.C has been filed against the order dated 14.7.2015 passed by Additional Principal Judge Family Court Gwalior in Case No.259 of 2009 by which, the application filed by the respondents under Section 125 of Cr.P.C has been allowed and the applicant has been directed to pay the maintenance at the rate of Rs.15,000/- per month to each of the respondents from the date of the filing of the application i.e. dated 3.6.2009.

(2.) The necessary facts for the disposal of the present criminal revision in short are that the respondents had filed an application under Section 125 of Cr.P.C before the Family Court, Gwalior alleging that she was married with the applicant on 20.11.2003 as per Hindu rites and rituals. It was further submitted that the respondent no.2 has been born out of the wedlock. It was pleaded that the father of the respondent no.1 had given more than sufficient dowry at the time of marriage but the applicant and his family members were not satisfied with the dowry given at the time of marriage and they started treating the respondent no.1 with cruelty. When illegal demands of the applicant and his family members were not fulfilled, then the applicant and his family members started making false complaint against the respondent no.1 and her father and after inquiry, applicant withdrew the complaint filed by him against her in laws. In the meanwhile, the respondent no.1 became pregnant and subsequently gave birth to a girl child and because of that, cruelty and the harassment of the respondent no.1 at the hands of the applicant and his family members was increased and they started blaming respondent no.1 of giving birth to a girl child. However, the respondent no.1 continued to stay with the applicant inspite of the continuous harassment at the hands of the applicant and his family members. When the applicant and his family members realized that the respondent no.1 will not leave her matrimonial house inspite of all sorts of cruelty, then on 2.11.2008 the applicant and his family members left the respondent no.1 in her parents' house in the presence of her father and others and from thereafter, the respondent no.1 is residing in her parents home without having any source of income. It was further stated that the applicant has not cared to take care of the respondents from 2.11.2008. He is working on the post of a Scientist in Defence Electrical Reserach Laboratory, Hyderabad and is getting basic pay of Rs.48,000/- per month and accordingly, it was prayed that considering the social status of the parties, an amount of Rs.16,000/- to each of the respondents may be granted by way of maintenance.

(3.) The applicant by way of filing reply to the application filed under Section 125 of Cr.P.C denied the allegations except that the marriage of the applicant was performed with respondent no.1 on 2.11.2008 and the respondent no.2 is his daughter. The applicant denied the fact that the respondent no.1 was ever harassed or treated with cruelty because of non-fulfillment of demand of dowry. Demand of dowry was denied by the applicant. It was further denied that false complaints were made by the applicant. It was contended that as the behaviour of the respondent no.1 towards the applicant's family was not good, therefore, a complaint was made to the police expressing apprehension of false implication. On 15.3.2005, an agreement was entered into between the applicant and father of the respondent no.1. On 15.12.2008, the respondent no.1 put a condition that she would accompany the applicant only if he accepts all her demands and ultimately because of the mal-treatment by the respondent no.1, the applicant made a complaint to the Sr.Officers on 31.10.2008. The applicant had demanded security but since no offence was registered by that time, therefore, no action was taken on the said complaint. It was further denied that the birth of the respondent no.2 had further annoyed the applicant. The applicant further submitted that the respondent no.1 with an intention to spoil the career of the applicant sent letters on 4.11.2008 and 20.11.2008 to the Scientific Advisor of the Defence Minister making false allegations with an intention to get him dismissed from the job. In fact, all facilities were provided to the respondent no.1 at Hyderabad and she had also submitted an application for her registration for doing Ph.D in Management. It was further denied that the applicant is getting Rs.48,000/- per month by way of basic pay. On the contrary, it was submitted that his monthly take home salary is Rs.5962/-. In additional submissions, it was submitted by the applicant that the intention of the respondent no.1 was to establish his independent identity and as she was required to spend a lot of time to study at home, therefore, the applicant had taken the responsibility of the house on his shoulders. In the year 2004 and 2006, the respondent no.1 appeared in the examination for admission and registration of Ph.D and she was declared successful in the year 2006. She gave birth to respondent no.2 in 2007. After marriage, they had gone to different places. It was further submitted that the applicant had purchased a Luxury Car after taking loan from the department. Father of the respondent no.1 was suspended on the allegation of corruption and ultimately, he was punished and as the parents of the respondent no.1 were facing financial crunch, therefore, the applicant had provided financial help to them. As from the month of August, 2007, the applicant was required to pay the instalment for repayment of loan, therefore, he became unable to give financial help to the family of the respondent no.1. Therefore, false allegations have been made. It was further submitted that in fact, the respondent no.1 was not residing at Hyderabad regularly and very frequently, she was coming to Gwalior as a result of which, not only she suffered an accident at Gwalior but her ornaments were also stolen during travel between Hyderabad and Gwalior. The respondent no.1 used to give money as well as her ornaments to her parents without information to the applicant or his family members etc.