ROHIT Vs. SMT. KIRTI

JUDGEMENT

(1.) - This Criminal Revision under Section 397/401 of CrPC read with Section 19(4) of the Family Court Act has been filed against the order dated 07th May, 2018 passed by First Additional Principal Judge, Family Court, Indore in Misc.Case No. 721/2017,by which the application filed by the respondent for grant of interim maintenance has been allowed.

(2.) The necessary facts for the disposal of present revision in short are that the applicant and the respondent are husband and wife. The respondent has filed an application under section 125 of CrPC, 1973 for grant of maintainance on the ground that she has been turned out of her matrmonial house by the applicant because of non-fulfilment of demand of dowry. It is further alleged that the respondent was married to the applicant on 16/04/2014 and in spite of the fact that sufficient dowry including cash amount of Rs. 51,000/-, gold ornaments as well as the houshold articles were given, but the applicant and his family members started making demand of Rs. 1 lac and accordingly, she has been turned out of her matrimonial house. It is further alleged that the respondent is unemployed and is unable to maintain herself.

(3.) It is submitted by the counsel for the applicant that in fact the applicant was badly beaten by the respondent and her family members, as a result of which he was required to undergo the medical treatment. Because of the injuries sustained by the applicant due to beating given by the respondent and her family members, now the applicant is not in a position to work properly, as a result of which he has also lost his job. It is further submitted that the applicant had also made a written complaint to the police authorities about the maltreatment and misbehaviour of the respondent. It is further submitted that initially the respondent was working in Call Centre of Electricity Board and was earning Rs. 9,185/- per month by way of salary, but with an intention to file an application under section 125 of CrPC, 1973 the respondent has delibereately left her job so that she could claim the maintenance from the applicant. Thus, where the wife herself is able to maintain herself, then she would not be entitled for maintenance.