BHARTI Vs. MUKESH

JUDGEMENT

(1.) This order seeks to dispose of criminal revision filed by the applicants under Section 19(4) of Family Courts Act, 1984 wherein the maintenance amount awarded in favour of the applicants by Principal Judge, Family Court, Ratlam in Miscellaneous Judicial Case No.67/2014 vide order dated 08.02.2017 has been sought to be increased from Rs.4000/- per month to Rs.10,000/- per month. In the original application filed by the applicants, it had been stated that applicant No.1-Smt.Bharti had got married to non-applicant-Mukesh on 22.01.1999. Two children were born out of this union and these are applicant No.2-Rajat and applicant No.3-Yashasvi who are aged about thirteen years and two and a half years respectively. After the marriage, the applicant No.1 started to live as a wife of non-applicant at Khandwa (MP), but the non-applicant started harassing the applicant No.1 on trivial issues. The applicant No.1, however, continued to remain with non-applicant hoping that things would turn out for better. In the year 2006, the applicant No.1 was assaulted by the non-applicant. Thereafter, the applicant No.1 called her parents and the non-applicant and his relatives assured that no untoward incident would happen in future.

(2.) In view of this assurance, the applicant No.1 continued to stay with the non-applicant, however, there was no change in the behaviour of the non-applicant and he started threatening that the parents of the applicants would be implicated in the false case. The non-applicant demanded dowry and assaulted the applicant No.1 consequent to which case under Sections 498-A, 506 and 323 of Indian Penal Code, 1860 was instituted by the applicants against the non-applicant. The applicant submitted that "Stridhan" given was also kept by him and due to continuous torture, the applicants are staying in parental house and are unable to maintain themselves. It is stated that non-applicant is a broker at Indore and used to earn Rs.50,000/- per month. This apart, he has diversified the business interests from which he earns in all Rs.1,50,000/- per month, whereas the applicant does not work and is unable to maintain herself and seeks Rs.14,000/-per month.

(3.) The non-applicant had denied the allegations and submits that the applicant is a "Tutor" and also does embroidery work and also works in a "Sari" Shop and earns Rs.20,000/- per month, whereas the non-applicant merely works as a "Driver" and earns Rs.40,000/- per annum. Hence, he is not in a position to give maintenance amount of Rs.14,000/- per month to the applicants.