VIVEK ARORA Vs. BHAVNA ARORA AND ANOTHER

JUDGEMENT

(1.) The applicant/husband is aggrieved by the order dated 15.9.2016, passed by the Principal Judge, Family Court Gwalior, whereby the application filed by the respondents for granting maintenance under Section 125 of Criminal Procedure Code, 1973 (for short, the 'CrPC') has been allowed in part and the applicant has been directed to pay interim maintenance of Rs.10000/- per month to respondent No.1 and Rs.6000/- per month to respondent No.2 subject to final adjudication.

(2.) Briefly stated the facts of the case are that the marriage was solemnised between the applicant and respondent No.1 on 20.6.2006 as per Hindu rituals and customs and the respondent No.2/son was born out of the wedlock of the applicant and respondent No.1. The parties resided together for a period of 8 years, however, certain disputes arose between the parties regarding which the allegation of the respondent No.1 is that the applicant and his family members demanded the money and compelled the respondent No.1 to bring this amount from her mother. The applicant used to beat and ask her to leave his house. He had developed his relation with Tatyana Cladev, a girl of Pattaya City (Thailand), and he stated that he wants to divorce the respondent No.1. On 9.4.2014 the applicant had consigned entire luggage of respondents by the truck at Gwalior, left them at Railway Station and threatened that if respondent No.1 will come then he will kill her. Since then she is residing in her paternal house at Gwalior and she lodged the report against the applicant at Mahila Thana Gwalior on 24.4.2014, which had been transferred to Police Station Jamul, District Durg where a criminal case has been registered against the applicant Vivek Arora.

(3.) The present respondents preferred an application under Section 125 of CrPC on the ground that she is unable to maintain herself as she does not have any source of income and she is dependent on her mother whereas the applicant has a poultry farm at Village Khedamara, District Durg. He sells 35000 eggs per day. He is also doing business in the name of Vivek Grinding and Packaging and he has also 12-13 acres of agricultural land, by which he is earning about Rs. 3,50,000/- per month. Accordingly, a prayer was made by the respondents to direct the applicant to pay Rs.2.00 lacs per month as maintenance. The application was partly allowed vide impugned order and the Court below has directed the applicant to pay Rs.10000/- per month to the respondent No.1 and Rs.6000/- per month to the respondent No.2 as interim maintenance subject to final outcome of the application filed by the respondents under Section 125 of CrPC.