BHARATSINGH Vs. PREETI AND ANOTHER

JUDGEMENT

(1.) Heard Finally.

(2.) This Criminal Revision under Sections 397, 401 of Cr.P.C. against the order dated 20-10-2016 passed by Principal Judge, Family Court, Bhind in M.Cr.C. No.301/2014, by which the application filed by the respondents under Section 125 of Cr.P.C. has been allowed and the applicant has been directed to pay Rs. 2500/- and 700/- per month to the respondent nos.1 and 2 respectively.

(3.) The necessary facts for the disposal of the present application in short are that the respondents had filed an application under Section 125 of Cr.P.C. on the ground that the respondent no.1 is the wife of the applicant. The marriage was performed on 19-6-2010 as per Hindu rites and rituals. The father of the respondent no.1 had given Rs. 2 lacs in cash and other gold, silver ornaments apart from other household articles. Immediately after the marriage, the relatives of the applicant started harassing her as they were not satisfied with the dowry and they started demanding a motorcycle. After 8 days of marriage, the respondent no.1 came to her father's house. When the applicant came to take her back, even then he demanded a motorcycle. The father politely said that his financial condition is not such so as to fulfill the demand of motorcycle. On hearing the refusal, the applicant and his relatives started abusing the father of the respondent no.1. The respondent no.1 stayed with the applicant till January 2011 as his wife, but she was continuously harassed and beaten for want of motorcycle. In the month of January, 2011, the respondent no.1 came to her parents' house, however, just after 4-5 days, the applicant took her back. In the month of July 2011, she was beaten because of non-fulfillment of their demand of dowry and kept her ornaments with them and left her in her fathers' home. An attempt was made for reconciliation with the help of elder members of the society, but it failed. The respondent no.1 was deserted from July 2011, and the respondent no.1 has no independent source of income and is unable to maintain herself. The applicant is earning Rs. 7000/- per month. It was further pleaded that in compliance of the compromise, she stayed with the applicant and the respondent no.2 has born out of the wedlock. Accordingly, a prayer for grant of Rs. 4000/- per month and Rs. 1,200/- per month for the respondent nos.1 and 2 respectively was made.