SHABANA KHAN Vs. SHABAB KHAN

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner, under Section 397/401 of Code of Criminal Procedure r/w Section 19(4) of Family Court Act, 1984, being aggrieved by impugned order dated 24.02.2018, passed by learned Principal Judge, Family Court, Seoni in MJC No. 35/2016, whereby learned Family Court has dismissed the application under Section 125 of Cr.P.C., filed by the petitioner.

(2.) According to case, petitioner/applicant has preferred an application under Section 125 of Cr.P.C. before the Family Court Seoni, contending that her marriage was solemnized with respondent on 05.06.2009 at Sihora District Seoni. During her marriage, his parents and relatives had given ornaments and other gifts to her, which had been snatched by the respondent and his family members. Soon after marriage, respondent and his family members had maltreated with her. They had told her that she did not bring sufficient money and other articles. Respondent had demanded a motor bike and Rs. 1,00,000/-. Behaviors of respondent and his family members were being cruel against her day by day. Thus, she compelled to approach before Mahila Paramarsh Kendra, Seoni. She alleged that the respondent and his family members tortured and beaten her. She further contended that they had tortured her to this extent that her child was died after her delivery. The Mahila Paramarsh Kendra had given advise to them and during the procedure, respondent gave commitment to the peitioner that he will take care of her properly. Thereafter, he had brought her to Jabalpur wherein he had taken good care of her upto three months, thereafter he had again started torturing and beating her. On 09.03.2015, he had thrown her out from his house and since then she is living in her parental house. She has also registered a case regarding dowry and domestic violence. She further contended that she has no sufficient means to survive her self whereas respondent is earning sufficient income. Thus, she is entitled to get maintenance amount of Rs. 10,000/- per month from the respondent.

(3.) In reply, filed by the respondent before Family Court, contended that the petitioner is an open minded lady and she wants to reside at her parental house and also to study or job there. She has been torturing him since 2013 and several times, they have been settled their dispute by way of compromise. appliant is impleading him as an accused in false case. She has taken divorce to him and living separately. Respondent is working as a junior advocate and he has no sufficient means to give the maintenance. He is responsible person of his old age parents and widow sister, who are living with him in rental house. He further contended that petitioner has brought the ornaments of his sister and on demanding of the same she has registered a false case before JMFC Lakhnadon. The respondent has also raised the issue of territorial jurisdiction of the Court. Regarding income of the petitioner, he has stated that the applicant has been working in private teaching institution since 2009 and she is earning Rs. 12-15 thousand per month, whereas respondent is junior advocate and hardly earns Rs. 3500/- per month. With the aforesaid, he prayed before Family Court to reject the prayer of the petitioner.