RAJESH GOUR Vs. RUPESH GOUR

JUDGEMENT

(1.) Petitioner/Non-Applicant has filed this criminal revision u/s 397 r/w Section 401 of Cr.P.C., 1973 to set-aside the impugned order dated 07.11.2017 in MJCR No. 42/16 passed by Principal Judge, Family Court, Sehore whereby the learned Judge allowed the petition u/s 125 of Cr.P.C. presented by respondent-applicant and directed to the petitioner/non-applicant to pay Rs. 5,000/- per month, as a maintenance to the respondent-complainant.

(2.) The matter in brief is that the respondent is wife of petitioner. Her marriage was solemnized with the petitioner on 20.05.2014 and lived peacefully in her matrimonial home for about one and a half years. Thereafter, she got tortured and humiliated by the petitioner for demand of dowry. The petitioner also made allegation against her about her character even he stopped her from talking to other family members and relatives. He demanded a sum of Rs. 50,000/- and a four wheeler car from the respondent as dowry. He also keep her deprived of food for two days. The petitioner/non-applicant assaulted the respondent and took her to Bhopal and fraudulently made her sign on mutual divorce petition and thereafter left her in her parental home. When her parents came to know about this fact, they opposed it, as a result of which the petitioner filed a divorce application before the Kurmi community and when Kurmi community was apprised of the correct facts, it dismissed the application of the petitioner/non-applicant. Still she was ready and willing to live with the petitioner/non-applicant but the petitioner/non-applicant is not providing any maintenance to her and she has been left at her parental home. She has no source of income. Petitioner/non-applicant has sufficient source of income. He is negligent to maintain her. She submits that the petitioner has agricultural land and derives yearly income of rupees one lakh from it. Apart from this, he is an Accountant in a private company and earns an amount of Rs. 20,000/- per month. Thereafter, she filed an application under Section 125 of Cr.P.C. before the learned Principal Judge, Family Court, Sehore for grant of maintenance as Rs. 10,000/- per month from the petitioner/nonapplicant and the learned Principal Judge has awarded the maintenance amount of Rs. 10,000/- per month to her.

(3.) Learned counsel for the petitioner/non-applicant submits that the petitioner has filed the reply of the application under Section 125 of Cr.P.C. and opposed the averments made in the application. He submitted that after marriage, the respondent was taken to her matrimonial home where she refused to live and thus she was taken to Bhopal where she opened up an Mani Hari shop for selling ladies items. She also refused to establish conjugal relationship with him. She also used to fight with him and threatened to consume poison and expressed her desire of not living with him. While her stay at Bhopal, the respondent on 28.12.2015 went to Indore with somebody without informing the petitioner and was subsequently found at Lalghati, Bhopal in the night at around 10.P.M. The respondent went with her brother to her parental home on 03.05.2016 and has been residing there even since. He is ready and willing to take back the respondent but she is unwilling to come back. He further submits that the petitioner is unemployed and has no source of income whereas the respondent possess the degree of M.A., B.Ed. PGDCA and is presently teaching and receives a monthly salary of Rs. 5,000/- and it is due to this reason also that the respondent/applicant does not want to live with the petitioner. Her father is also a teacher in Village-Kapuri and receives a monthly salary of Rs. 50,000/-. She is living separately with him without any justifiable reason. Hence, prays for setting-aside the impugned order.