ASHUTOSH KHAMBIA Vs. DARSHNA KHAMBIA AND OTHER

JUDGEMENT

(1.) The applicant has filed this criminal revision against the order dated 31.08.2017 passed in M.J.C. No.506/2016 passed by the Principal Judge Family Court District Bhopal whereby partly allowed the application preferred by the respondents under Section 125 of the Cr.P.C. and awarded maintenance of Rs. 6,000/- to the respondent.

(2.) The respondent has initiated proceeding for maintenance under Section 125 of the Cr.P.C. against the applicant on the ground that the marriage between the applicant and the respondent was performed on 29.05.2010 according to the Hindu Rites and Rituals. After performing the said marriage, due to the wedlock, respondent no.1 has given a birth to respondent no.2 on 206.2013. After the marriage, for a period of about 6 years, the applicant and respondent no.1 were quarrelly, thereafter the applicant went to her parental house on 102016 without any reason. The applicant tried to return her matrimonial house but she did not turn down. Respondent no.1 thereafter filed an application under Section 125 of the Cr.P.C. for grant of maintenance. Notice was served on the applicant and he filed the reply to the said application and denied the allegations made therein. The family Court after appreciating the evidence has passed an order dated 31.08.2017 thereby awarding a maintenance of Rs. 4,000/- per month to respondent no.1 and Rs. 2,000/- to respondent no. Being aggrieved by that order, the applicant has filed the present revision.

(3.) Learned counsel for the applicant submits that the amount of maintenance granted by the family Court is on higher side. She submits that respondent no.1 on her own will has left matrimonial house without any sufficient and cogent reason she living in her matrimonial house. The applicant has taken steps for returning her to the matrimonial house but she didn't turn down. She further submits that the applicant has also filed an application under Section 9 of the Hindu Marriage Act for restitution of Conjugal Right before the Court below which is pending for adjudication. She further submits that the applicant is ready to live with respondent no.1 and children. She further submits that the applicant is working as Supervisor in the Akash Furniture's Fabricators and getting salary of Rs. 6,300/- per month. She further submits that respondent no.1 in her statement stated that the applicant did not made any demand of dowry from her, neither harass respondent no.1 mentally as well as physically. Thus, in such circumstances, as respondent no.1 is residing separately without any sufficient cause, therefore, she is not entitled to get the maintenance and, therefore, the order passed by family Court be set aside.