RAVI KUMAR BAJPAI Vs. RENU AWASHTY BAJPAI.

JUDGEMENT

(1.) Petitioner/non-applicant has filed this criminal revision under Section 19 of the Family court Act read with Section 397 / 401 of Cr.P.C. against the order dated 12.10.2017, passed by the Principal Judge, Family Court, Hoshangabad (MP), in MJC No. 9/2014 whereby the learned Principal Judge, Family Court allowed the petition presented by the respondent/applicant and directed to the petitioner/non-applicant to pay amount of Rs. 15,000/- per month as a maintenance from the date of filing the petition.

(2.) According to case of respondent, marriage of respondent was solemnized with petitioner/non-applicant on 22.02.2008. Petitioner/non-applicant and his family members pressurized respondent and her family to give dowry whereas petitioner has already received one lakh rupees in cash, golden chain, ring and other material at the time of Barikchha ceremony. After the marriage, respondent went her matrimonial home at Bhilai, petitioner/non-applicant and his family members used to torture, humiliate and threatening to kill her for demanding the dowry. On 10.06.2008, sister of respondent became ill due to which respondent/wife went to Hoshangabad to meet her sister, but petitioner/non-applicant and his family members did not go there. They kept all the ornaments of respondent. Thereafter, respondent reached to Hoshangabad, where her sister was died. On 19.06.2008, Petitioner/non-applicant informed and compelled the respondent to come at Bhilai. Her father-in-law came to Hoshangabad to take her at Bhilai, but respondent/applicant did not come with him at Bhilai. On 03.11.2008, in drunk condition, petitioner/non-applicant came to her parental home at Hoshangabad and he created nuisance and threatened to kill the respondent/wife and her family. On 22.02.2009, respondent/wife tried to contact petitioner/non-applicant but he did not do so, thereafter she went to Bhilai but petitioner refused to meet her. Petitioner/non-applicant and his father made phone call to her to meet in Indian Coffee House on 26.02.2009, respondent/wife went there and that time petitioner/non-applicant again threatened her. Thereafter, respondent/wife lodged the report and she returned her parental home at Hoshangabad and is living there. There is no source of income of her. Petitioner/non-applicant neglected to maintain her. Petitioner/non-applicant is Loco Pilot in railway and he has sufficient means of income, he earns of Rs. 50,000/- per month. Therefore, respondent is entitled to get amount of Rs. 20,000/- per month from the petitioner.

(3.) Petitioner filed a reply and denied all the allegations with regard to demand of dowry, tortured and humiliation. After the marriage, respondent went to her parental home on 11.06.2008, thereafter she did not return her matrimonial home. Petitioner/non- applicant tried to return back her matrimonial home but respondent/wife refused the same. Respondent is residing separate from the petitioner without any reasonable and justifiable cause. Respondent/wife pressurized the petitioner to live separate from his family in Bhopal. Respondent/wife is higher educated lady, having M.Sc. degree. She has sufficient source of income. Petitioner/non- applicant is loco Pilot, his monthly basic pay of Rs. 9930/-. Therefore, respondent/wife is not entitled to get the maintenance amount from the petitioner. Respondent/wife lodged a false complaint under Section 498-A of IPC and other case against the petitioner.