SMT. MEGHA PATIL Vs. UPENDRA PATIL

JUDGEMENT

(1.) None for the parties. The case was called on 07/09/2017 and none had appeared. Today also, none appears for the parties even in the second round. Therefore, this Court is left with no other option but to decide both the criminal revisions after going through the record. This Court has passed the following common order and this order shall also dispose of Criminal Revision No.107/2009 filed by Upendra Patil.

(2.) Being dissatisfied with the quantum of maintenance awarded by the trial Court, applicant- Smt. Megha Patil has filed Criminal Revision No.815/2008 against the order dated 17/11/2008 passed by Additional Principal Judge, Family Court, Gwalior in Case No.160/2007, by which the application filed by applicant- Megha Patil under Section 125 of CrPC was allowed and it was directed that respondent Upendra Pail shall pay Rs.2,500/- per month to applicant by way of maintenance whereas the respondent Upendra Patil has filed Criminal Revision No.107/2009 challenging the aforesaid order 17/11/2008, passed by Additional Principal Judge, Family Court, Gwalior in Case No.160/2007 and prayed that either the order passed under Section 125 of CrPC may be reversed or the maintenance amount may be reduced.

(3.) The necessary facts for the disposal of both the revisions in short are that applicant Megha Patil was married to respondent- Upendra Patil on 13/12/2006 at Pune, as the respondent and his family members had insisted that the marriage shall be performed at Pune itself. The entire family of the applicant went to Pune where the marriage was performed. When she reached her matrimonial house, then the elder sister of the respondent had objected with regard to various arrangements including food etc. and she also alleged that the arrangements were not made as per their social status. After two- three days of her marriage, the respondent and his family members demanded Rs.2 lacs, however, the applicant did not inform anybody about the said demand. Three-four days after the marriage, the respondent left her in the house of her elder sister who is residing at Pune and then, the applicant informed about the demand of Rs.2 lacs to her sister and brother-in-law. When her sister tried to consult with the respondent then the respondent alleged that he would keep the applicant with him only when an amount of Rs. 2 lacs is given, otherwise he would not take her back. After great persuasion, the respondent took her back on 27/12/2006. Food was not given and she was harassed by her mother-in-law, father-in-law, sister-in-law and the respondent. The house in which the respondent is residing in three- stored building and on the upper floor, her sister-in-law is residing along with her family. On 28/01/2007, the applicant was slapped by the respondent in the presence of her elder sister and brother-in- law and the respondent also refused to talk to the elder sister of the applicant and insisted that the father and brother of the applicant should be called. On 4th February, 2007, her brother came to her matrimonial house and tried to persuade in-laws of the applicant but they did not agree as a result of which her brother brought her back to Gwalior and from then, she is residing in her parents' house. On 23rd February, 2007, her brother had talked to her father-in-law and requested the respondent to come to Gwalior and to take the applicant back. On 25/02/2007, the respondent came to Gwalior and stated that until and unless an amount of Rs.2 lacs is given, he would not take her back to her matrimonial house. Thereafter, the applicant lodged a report at Mahila Police Station Padav, District Gwalior and when no action was taken then she filed a complaint.