MITHUN KUMAR Vs. KAVITA RAV

JUDGEMENT

(1.) Applicant filed this revision under Section 397 r/w 401 of the Cr.P.C. being aggrieved by the order dated 06.09.2018 passed in M.J.C.No.183/2017 by the Principal Judge, Family Court, Sehore, whereby application filed by the respondent under Section 125 of the Cr.P.C. has been allowed and directed the applicant to pay Rs.4,000/- per month as maintenance allowance to the respondent.

(2.) Facts giving rise to this petition, in short, are that respondent who was the applicant in MJC No.183/2017, filed an application under Section 125 of the Cr.P.C. alleging therein that she got married with the applicant on 11.02.2017. After that she lived in her matrimonial house. At the time of marriage, her father provided Cooler, Washing Machine, T.V., Sofa Set, Dressing table, Almirah, Ceiling fan, Clothes and gold and silver articles to the applicant. The applicant is worked as a truck cleaner and used to consume liquor and also consume other substance for intoxication. Applicant pressurised the respondent for unnatural acts and on denying he beat the respondent and also imposed stigma on her character. On account of that she lived separate from the applicant. She further alleged that the applicant was not ready to keep her as his wife. He took her to the Court, Sehore and took sign on the document and left the prosecutrix at the house of her Nana (Hariprashad) and did not pay any penny for her maintenance. She has no means for maintaining herself. Hence, she filed an application under Section 125 of the Cr.P.C. for getting maintenance from the applicant.

(3.) Applicant who was non-applicant in the MJC No.183/2017 denied all allegations made in the application filed under Section 125 of the Cr.P.C. except the marriage and alleges further that on the date of first night, the respondent told that he is not her husband. She is in love with one-Sachin Ahirwar. Her marriage was solemnized forcibly without her consent. She is not willing to live with him and she wanted to marry with Sachin Ahirwar and prayed for taking divorce from her. She also filed an application before the In-charge of Police Station, Mahila Thana, where she categorically stated that she is not willing to live with the applicant because her marriage was against her consent. She left the applicant on his own volition. Therefore, prays to dismiss the application.