PRADEEP JAIN Vs. MANJULATA JAIN MODI AND ANOTHER

JUDGEMENT

(1.) The applicant has filed the present revision challenging the order dated 01.11.2014 passed by Principal Judge Family Court, Bhopal in M.Cr.C. No. 47/2014 thereby allowing the application preferred by the nonapplicants under Section 125 of the Cr.P.C.

(2.) Both, the applicant and non-applicant No. 1, had earlier got married and their marriages were not successful, therefore, they have entered into second marriage with each other. Applicant from his earlier marriage has two children i.e. a daughter and a son and non-applicant No. 1 from her earlier marriage has a daughter i.e. non-applicant No. The marriage of applicant and non-applicant No. 1 was solemnized on 06.12008. From this second wedlock the applicant and non-applicant No. 1 have no issue. The non-applicants had filed an application under Section 125 of the Cr.P.C for grant of maintenance on 17.04.2014. Non-applicant No. 1 has also filed an application for grant of pendente lite maintenance. The case of non-applicant No. 1 was within a period of six months from the date of solemnization of marriage between applicant and non-applicant No. 1, disputes arose between them. It was averred that the applicant suffered loss in his diamond business and, therefore, pressurized the non-applicant No. 1 to bring money and other valuables from her parental home. On 11.07.2013, the applicant manhandled the non-applicants, he used to give physical and mental torture to bring the more money from the parental home of non-applicant No. 1 failing which the applicant would leave them. It had become impossible for non-applicant No. 1 to leave with the applicant, therefore, they left the matrimonial house of the applicant and stay at her brother's house along with her daughter. The non-applicants, thereafter, filed an application under Section 125 of the Cr.P.C for grant of maintenance to the tune of Rs. 17, 000/- per month i.e. Rs. 10, 000/- for herself and Rs. 7, 000/- for her daughter which includes her tuition fees. In the application it was stated that the non-applicant No. 1 does not have any source of income to maintain herself and daughter also. It was also stated that the applicant is earning approximately Rs.80, 000/- per month from his business and other sources.

(3.) Upon receipt of notice, the applicant has filed his reply and has denied all the allegations and contended that he is ready and willing to keep the non-applicants with him. He further stated that the behaviour of non-applicant No. 1 towards his family members and his children born out of earlier marriage was not good. He also denied that he is earning Rs.80, 000/- per month. He further stated that the applicant suffered motor accident due to which he has made him disabled and accordingly, he has also suffered huge loss in his business reducing his income to greater extent. The applicant has further contended that nonapplicant No. 1 has passed her M.Com examination and is earning Rs.20, 000/- per month as she is working as Accountant and is also imparting tuitions to various students.