HEMANT KUMAR CHAKRADHARVINITA Vs. VINITA CHAKRADHAR

JUDGEMENT

(1.) This Criminal Revision under sections 397, 401 of Cr.P.C., 1973 has been filed against the judgment dated 1/7/2015 passed by the Principal Judge, Family Court, Ashoknagar in M.Cr.C. No. 182/2015, 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 Rs. 5,000/- per month by way of maintenance from the date of application.

(2.) The necessary facts for the disposal of the present application in short are that the respondent filed an application under section 125 of Cr.P.C., 1973 on the allegations that she got married to the applicant on 5/5/2011 as per Hindu rites and rituals. Immediately after the marriage, the applicant and his family members started passing taunts and harassing her mentally on the allegation that less dowry has been given and the applicant would have got more dowry in case had he been married to somebody else. The applicant and his family members were demanding either four wheeler or Rs. 5,00,000/-. The father of the respondent is a poor person and is not in a position to full-fill their demand. The applicant and his family members used to say that in other marriages the grooms have got a car in dowry and even the sons of their relatives have got a car in dowry. Since her father was a poor person, therefore, she was somehow managing the physical and mental harassment at the hands of the applicant and his family members under the impression and belief that one day the situation would improve, but the applicant and his family members used to beat her and they were also not providing food to her and she was being treated as a maid/servant. The applicant was also not treating the respondent as his wife and was insisting that only after she brings a car, then he would treat her like his wife. About six months prior to filing of the application the respondent was turned out of her matrimonial house with a specific direction that unless and until she brings a car, she should treat that the relations have already come to an end. The respondent and her father tried to pursue the applicant and his family members on number of occasions, but they did not give up their demand. In the month of May, 2012 she was given a warning that either she should bring a car otherwise the applicant would remarry. Accordingly, a complaint was made to the police officers. Thus, it was alleged that the applicant is not providing the maintenance to the respondent and she is unable to maintain herself and, therefore, a prayer was made for grant of maintenance amount at the rate of Rs. 5,000/- per month.

(3.) The application was opposed by the applicant. The allegations of demand of dowry were denied. The allegation of turning her out of matrimonial house was also denied. The allegation that the applicant was not treating the respondent as his wife was also denied. In additional statement, it was alleged that in fact it is the respondent whose behaviour with the applicant and his family members was not cordial and she always abuses them and always passes taunts against the applicant and his family members. She is residing in her parents' house without any reasonable reason.