JEEVAN YADAV Vs. SWAPNIL & ANR

JUDGEMENT

(1.) This criminal revision under Section 397/401 of CrPC read with Section 19 (4) of the Family Court Act has been filed against the order dated 30/1/2018 passed by the Principal Judge, Family Court, Vidisha in MJC No. 98/2016 by which the applicant has been directed to pay maintenance amount of Rs. 15,000/- and Rs. 1,000/- per month to the respondent No. 1 and 2 respectively. The applicant has filed the complete documents on record.

(2.) The necessary facts for the disposal of the present revision in short are that the applicant is working as a qualified doctor in Primary Health Centre. The applicant and the respondent were married on 15/12/2014 as per Hindu Rights and Rituals. At the time when the application under Section 125 of CrPC was filed, the respondent was carrying the pregnancy of 8 months and it was alleged that because of the harassment by her inlaws, she had already suffered a miscarriage. It was further stated that under the hope and belief that the respondent would lead a happy married life as the applicant is a qualified doctor, accordingly, a fourwheeler, 25 tolas of gold ornaments, five lakh in cash as well as other house-hold articles were given at the time of the marriage. After the marriage, her in-laws started alleging that the marriage has not been performed as per the status of the applicant and, therefore, the respondent should bring an amount of Rs. 20,00,000/- from her father. The applicant and her in-laws used to treat the respondent like a servant and she was forced to do all types of works and whenever it was objected by the respondent, then the applicant used to abuse her and beat her and she was even forced to clean waste (excreta) of the applicant and his family members. It is further alleged that the applicant never kept the respondent with him and he had always forced her to live with her in-laws separately at Hathpipaliya whereas the applicant is posted in village Nemawar. The applicant always gave a threat that he would marry a lady doctor and although the respondent is carrying a pregnancy of 8 months, she was turned out of her matrimonial house as a result of which, she is living with her parents under compulsion. It was alleged that although the respondent is a qualified person and she is entitled to enjoy the status of the wife of a doctor but still she was never provided adequate food and she was forced to work as a servant. After the birth of the child, the applicant immediately filed a suit for divorce. Thus, a prayer was made that the respondent be given an amount of Rs. 50,000/- per month for herself and an amount of Rs. 25,000/- for the child and the delivery expenses.

(3.) Thereafter, the application was amended and it was pleaded that on 16/10/2016, the respondent has given birth to a baby girl and neither the applicant has taken care of the delivery expenses nor has borne the expenses required for upbringing of the child.