JUHI CHAWLA Vs. GANGANDEEP SINGH

JUDGEMENT

(1.) This Criminal Revision filed under Section 397/401 of the Code of Criminal Procedure, 1973 read with Section 19(4) of the Family Court Act, 1984 is directed against order dated 04/08/2019 passed by Principal Judge, Family Court, Indore in Criminal MJC No. 121/2017, in which the application filed by the respondent under Section 125(5) of the Cr.P.C. read with Section 127 of the Cr.P.C. has been allowed and earlier interim maintenance amount granted to the applicant to the tune of Rs. 15,000/- per month, vide order dated 07/12/2018 has been reduced to Rs. 7,500/- and subsequently Rs. 5,500/- per month.

(2.) The necessary facts for the disposal of the instant petition are that the applicant is a legally wedded wife of the respondent and she is residing separately with the respondent regarding which the allegation of the applicant is that the respondent was persistently making demand of dowry and ill treated her, therefore, she was forced to leave her matrimonial house. Then applicant has filed an application for grant of maintenance from the respondent under Section 125 of the Cr.P.C. The said application is still pending. During the pendency of the proceedings, the applicant filed an application for grant of interim maintenance. After hearing the parties, the trial court by order dated 07/12/2018 awarded interim maintenance to the respondent to the tune of Rs. 15,000/- per month.

(3.) During pendency of the case, respondent filed an application under Section 127 of the Cr.P.C. seeking alternation in interim maintenance allowance by contending that he is not having financial condition to pay Rs. 7,500/- per month to the applicant as interim maintenance. He has also filed the copy of income tax return of the year 2016-2017 to 2018-2019, according to which his annual income is Rs. 1,55,380/- and submitted that he could not file the aforesaid documents earlier before the trial Court. The respondent also preferred Criminal Revision No. 6145/2018 before this Court against order dated 07/12/2018, which was dismissed by this Court, vide order dated 19/03/2019 granting liberty to the respondent to file an application under Section 127 of the Cr.P.C. before the trial Court. After that, considering the income tax return of the respondents, the trial Court has reduced the interim maintenance amount from Rs. 15,000/- per month to Rs. 7,500/- per month from 07/12/2018 to 04/08/2019 and then Rs. 5,500/- per month from 05/08/2019 to till disposal of the case, vide order dated 14/08/2019. This order is a subject matter of challenge in the present revision petition.