AARIF Vs. SHAJIDA

JUDGEMENT

(1.) This revision application under Section 19 (4) of the Family Courts Act, 1984 read with Section 397 and 401 of the Code of Criminal Procedure, 1973 is directed against order dated 22.11.2018 passed by Principal Judge, Family Court, Mandsaur (MP) in Miscellaneous Criminal Case No.247/2016, whereby an application filed by the respondent / wife under Section 125 of the Code of Criminal Procedure, 1973 has been allowed; and the applicant / husband is directed to pay Rs.3,000/- (rupees three thousand) per month to the respondent / wife towards her maintenance.

(2.) Admitted facts of the case are that marriage of applicant and respondent was solemnized on 03.08.2015, as per Muslim Rituals and Customs; and they are not having any child. Earlier the respondent / wife got registered a case against the applicant / husband and his family members under Section 498-A of the Indian Penal Code, 1860 and also under Section 3 read with Section 4 of the Dowry Prohibition Act, 1961. After compromise, respondent / wife again started living with the applicant. Now, she is residing with her mother at Madaarpura, District Mandsaur (MP).

(3.) Facts leading to filing of this revision application are that respondent / wife moved an application under Section 125 of the Code of Criminal Procedure, 1973 against the applicant / husband for grant of maintenance amount, alleging that after some time of the marriage, the applicant persistently making demand of dowry from respondent; and he used to harass her. For the reason, that demand of dowry was not meted out, the applicant showed the door to the respondent on 12.04.2016. Since then, she is residing in the house of her mother. She does not have any source of income thus, she found it difficult to maintain herself, whereas the applicant is having 10 bighas of agricultural land at Mandsaur; and he is also engaged in the business of selling cattle, thereby earning Rs.1,00,000/- per annum. Therefore, a prayer was made by the respondent / wife for grant of maintenance of Rs.10,000/- per month before the Family Court. The said application was partly allowed vide impugned order dated 22.11.2018; and the Family Court has directed the applicant to pay Rs.3,000/- per month towards maintenance of the respondent. Feeling aggrieved by the fixation of maintenance amount, the applicant / husband has preferred this revision application.