JITENDRA SHARMA Vs. SMT. SUSHMA SHARMA

JUDGEMENT

(1.) This criminal revision under Section 397/401 of Cr.P.C. has been filed against the order dated 16.5.2017 passed by Principal Judge, Family Court, Morena in Case No.18/2014 by which the application filed by the respondent under section 125 of Cr.P.C., 1973 has been allowed and the applicant has been directed to pay maintenance @ Rs. 5000/- per month from the date of application and also an amount of Rs. 2000/- has been granted by way of litigation expenses.

(2.) The necessary facts for the disposal of the present revision in short are that, on 21.3.2013 the respondent filed an application under section 125 of Cr.P.C., 1973 on the ground that the respondent was married to the applicant as per Hindu Rites and rituals on 3.12.2011. An amount of Rs. 2,51,000/- was given in cash along with various domestic items including jewelry. Since the applicant and his family members were not satisfied by the dowry given by the father of the respondent, therefore, they used to harass her mentally as well as physically and they were demanding additional dowry. On 18.11.2012, the applicant left the respondent to her father's house after assaulting her and threatened that in case if she comes back without the gold ornaments and a car, then she would be killed. It was further alleged that prior to ousting the respondent from her matrimonial house, the applicant and his family members had snatched her entire ornaments and because of beating the respondent had also sustained injuries. It was further alleged that the applicant is a healthy man and is running an electric shop and after deducting his expenses he is earning a net profit of Rs. 30,000/- per month and his father has agricultural lands in village Kuwakhera, Rajrai and Paliya and the total value of the said agricultural land is about Rs. 5-6 crores. Apart from that the applicant has three residential houses and three shops in Agra and is earning Rs. 40,000/- and Rs. 15,000-16,000/- by way of rent whereas the respondent do not have any source of income and she requires Rs. 25,000/- per month by way of maintenance as well as Rs. 5,000/- towards litigation expenses.

(3.) The notices were issued to the applicant. However, on 29.5.2014 it was observed by the Trial Court that the registered notice sent to the applicant has been received back with an endorsement that he is not available at the house. Thus, it was observed by the Trial Court that it appears that the notice has been served upon the applicant and, therefore, he was proceeded ex parte. The ex parte evidence of the respondent was recorded and the application filed under section 125 of Cr.P.C., 1973 was allowed by order dated 2.7.2014. It appears that thereafter the applicant filed an application under section 126(2) of Cr.P.C., 1973 for setting aside the ex parte order which was allowed by order dated 25.2.2015 and accordingly the case was restored to its original file.