PRADEEP RAJANI Vs. SMT. RANI RAJANI

JUDGEMENT

(1.) This criminal revision filed under Section 397 read with subsection 19(4) of Family Court Act has been filed against the order dated 27.2.2018 passed by Principal Judge Family Court Indore, in JJC No. 4091/2014 by which the application filed by the respondent for grant of interim maintenance has been allowed by the Court below and the applicant has been directed to pay the interim maintenance @ Rs. 7000/- per month.

(2.) The necessary facts for the disposal of the present revision in short are that, the respondent has filed an application under section 125 of Cr.P.C., 1973 on the ground that she was married to the applicant on 9.12.1985 as per Hindu rites and rituals. She was blessed with two boys who are aged about 32 and 29 years. The applicant was of a short tamper nature. He used to quarrel with the respondent on trivial issues. It was further alleged that the applicant used to maltreat the respondent as a result of which they are residing separately accordingly, an application under section 125 of Cr.P.C., 1973 was filed claiming maintenance. An interim application was also filed for grant of interim maintenance @ Rs. 25,000/- per month.

(3.) The applicant filed his reply to the application filed for grant of interim maintenance. It was submitted that the applicant is a person of simple nature and taking advantage of the simplicity of the applicant, the respondent has broken all of her marital ties with the applicant and she is residing separately from the year 2008. False allegations and complaints were made by the respondent and an application under section 13 of the Hindu Marriage Act was also filed by the respondent on incorrect facts. The applicant tried to convince the respondent on several occasions but neither the respondent agreed for restitution of her conjugal rights nor she withdrew the application filed under section 13 of the Hindu Marriage Act. Thereafter on 31.1.2010 the applicant was forcibly evicted from the house as a result of which, he was compelled to live in the Hotel for a considerable long time. With the intervention of the elderly members of the societies, the parties agreed to execute an agreement of divorce and the respondent agreed for the said agreement only on the ground that the applicant shall never come to Flat No. 702 Shehnai Residency AB Road Indore, and will never claim his right or title over any household articles and ornaments kept in the said flat.