SONA @ KUSUM BAI Vs. RAVI @ FATEH SINGH

JUDGEMENT

(1.) This criminal revision under Section 397/401 of Cr.P.C. has been filed against the order dated 20.11.2014 passed by Additional Principal Judge, Family Court, Vidisha in MJC No.262/2014 by which the Trial Court has awarded an amount of Rs.4000/- per month by way of maintenance. This revision has been filed by the applicant for enhancement of amount.

(2.) The necessary facts for the disposal of the present revision in short are that the applicant filed an application under Section 125 of Cr.P.C. alleging that she was married to the respondent on 19.5.2011 as per Hindu rites and rituals. After 2-3 months of the marriage, the respondent and his family members started harassing and treating the applicant with cruelty on the ground that the father of the applicant has not given a Bolero four wheeler in the dowry and, therefore, they were insisting that the applicant should ask a Bolero jeep from her father. When the applicant refused to do so, then the respondent and his family members started harassing the applicant on trivial issues. The respondent used to say that the applicant is of a black complexion and she is an illiterate lady and her father has not given the Bolero Jeep, therefore, he would remarry. The respondent used to beat the applicant on this issue. On 24.11.2011, she was turned out of her matrimonial house and from thereafter she is residing in her parents home. On 17.12.2011, she filed an application before Parivar Paramarsh Kendra, Vidisha but the respondent did not appear. On 23.3.2012, the applicant lodged a FIR against the respondent and his family members for offence punishable under Section 498-A of IPC and the police has registered the case as Crime No.52/2012 which is pending. The respondent is financially strong person having 125 Beeghas of irrigated land. He has a big house, two tractor and trolleys, one jeep and four motorcycles and his yearly income is Rs.20,00,000/- per year, whereas the applicant is not having any independent source of income. She is unable to maintain herself, therefore, a prayer was made for grant of maintenance @ Rs.7,000/- per month.

(3.) The respondent filed his reply to the application and denied the allegation of harassment. He further stated that he is a small farmer. In fact, the applicant herself had left the company of the respondent and her behavior towards the respondent and his family members was cruel. On various occasions, the respondent had tried to pursue the applicant to live along with him but the applicant did not agree for that. The applicant always insisted that the respondent should live separately from his family and since he was not in a position to fulfill the demands of the applicant, therefore, the applicant has left his company and is residing in her parents home.