MOHIT JAIN Vs. SONALI JAIN

JUDGEMENT

(1.) This petition under Section 19(4) of Family Court Act read with section 397 of the Code of Criminal Procedure, 1973 (for short "The Code") has been preferred against order dated 12/07/2016 passed by Additional Principal Judge, Family Court, Indore in H.M.A. Case No. 987/2014, by which the applicant was directed to pay interim maintenance of Rs. 1000/- to respondent Sonali Jain and Rs. 500/- to Ashish Jain, son of the applicant and respondent under section 24 of Hindu Marriage Act, 1955 (for brevity 'the Act') and also the order dated 12/04/2017, passed by the Second Additional Principal Judge, Family Court, Indore in case No. 1690/2017.

(2.) Relevant facts, briefly stated, are that marriage between the applicant and the respondent was solemnized on 07/05/2013 as per hindu rites and customs. After marriage the respondent lived with the applicant at his resident situated at Indore. Ashish Jain is the son born out of the wedlock of the applicant and respondent. It is alleged by the respondent that applicant subjected her to cruelty and there was persistent demand of dowry, therefore, she was forced to leave her matrimonial house and live with her parents. Thereafter, she lodged complaint against the applicant and his family members at Police Station Mahila Thana, Bhopal and on the basis of that report, case under Section 498(A), 506/34 of IPC read with Section 3/4 of Dowry Prohibition Act 1961 was registered.

(3.) Vide order dated 04/09/2015, the Principal Judge, Family Court, Bhopal directed the applicant to pay interim maintenance of Rs. 2,500/- to respondent Sonali Jain and Rs. 1500/- to their son Ashish Jain under section 125 of 'the Code'. The applicant filed an application under section 482 of Cr.P.C , 1973for quashing the F.I.R bearing crime No. 249/2014, before High Court of Madhya Pradesh, Principal Seat at Jabalpur and the said F.I.R was quashed, vide order dated 06/02/2017, passed in M.Cr.C. No. 16651/2015. The said order was challenged before the Hon'ble supreme Court, which came to be dismissed vide order dated 09/05/2017 passed in SLP No. 3289/2017.