RAJESH SINGH TOMAR Vs. SMT.SANTOSH TOMAR

JUDGEMENT

(1.) This Criminal Revision under Section 397/401 of Cr.P.C. has been filed against the order dated 27.1.2011 passed by Principal Judge, Family Court, Gwalior in Case No.225/2006 by which the application filed by the respondent under Section 125 of Cr.P.C. has been allowed and the applicant has been directed to pay Rs.1200/- per month to the respondent by way of maintenance.

(2.) The necessary facts for the disposal of the present revision in short are that the respondent filed an application under Section 125 of Cr.P.C. seeking direction to the applicant to pay Rs.4,000/- per month on the ground that she is the legally wedded wife of the applicant. On the question of dowry, she was harassed and even food was not given to her. She was harassed mentally as well as physically and accordingly a report was also lodged at the Police Station on 13.9.2004. The respondent has been ousted by the applicant from her matrimonial house on 10.1.2004 and from thereafter she is residing along with her parents. The respondent has no source of income. His father is also unemployed. The applicant has yearly income of Rs.1,25,000/- from his agricultural fields. In addition to that the applicant also earns by driving tractor etc. and, therefore, a prayer was made for grant of maintenance @ Rs.4000/- per month.

(3.) A reply was filed by the applicant and it was alleged that he was married to the respondent on 13.5.1995 and from 19.10.1998 she is residing separately without any reasonable reason. The allegations of harassment are false. The respondent was not in her matrimonial house on 10.1.2004. The respondent is graduate and is earning her livelihood by running tuition and coaching classes. She is residing along with her brother in her joint family property and is earning Rs.1500/- per month from rent. Thus, the respondent herself is earning Rs.3,000/- per month and, therefore, she is not entitled to get the maintenance amount. The applicant is an unemployed person and on the contrary he is entitled to get the maintenance amount from his wife. At the time of marriage, since the Family Court was not constituted and, therefore, the Family Court has no jurisdiction. On 19.10.1998, in absence of the applicant, the respondent has taken away the gold and silver ornaments, her clothes and an amount of Rs.20,000/- which was kept in the house of the applicant. A report was also lodged in Police Station Ambah but since it was a family dispute, therefore, the police did not lodge the FIR. It was further alleged that a false criminal case has been lodged against him. On 16.2.1999 when the applicant sent his brother for discussing the matter, then he was virtually beaten and accordingly a report was lodged in the Police Station. The applicant is ready and willing to keep the respondent in his village but he is not ready to keep the respondent in his house at Gwalior because he is apprehensive of his life.