BHUMESHWARI @ RANU AND ANOTHER Vs. DEEPAK CHOUHAN

JUDGEMENT

(1.) Applicants have filed this revision under Section 19 (4) of Family Court Act 1984, being aggrieved by the order dated 05.10.2018, passed in M.Cr.C. 54/2016, by the Court of Principal Judge, Family Court Balaghat whereby, the learned Family Court dismissed the application under Section 125 of Cr.P.C., so far as applicant No.1/wife is concerned and allowed the application so far as applicant No.2/Ku. Durga and directed the respondent to pay Rs.1500/- per month as maintenance allowance.

(2.) Facts giving rise to this revision, in short are that, the applicant No.1 married with respondent on 07.05.2014 at village Ghunadhi (Changutola). After marriage, the applicant No.1 went to matrimonial home and lived happily. The respondent is a Contractor and doing the centering work at Nagpur. After some time, family members of the respondent demanded extra money and forced the applicant No.1 to bring the money from her parents. On non-fulfillment of the demand, she was beat by the husband as well as in-laws. When she was having six months pregnancy, she was beaten by the members of in-laws. The respondent told the applicant No.1 that he does not like her and ultimately, the applicant No.1 informed to her father and mother. Thereafter, her father came to persuad the respondent as well as her in-laws but of no avail, then she went back to her parental house with her parents. The respondent-husband is not maintaining her. The respondent is having sufficient means of income. Thereafter, she filed an application under Section 125 of Cr.P.C. against the respondent before the Family Court Balaghat and pray for Rs.10,000/- maintenance allowance per month.

(3.) Respondent not appeared before this Court even though served, but respondents filed a reply of the application of the Section 125 of Cr.P.C. Before Court below and admitted the factum of marriage and denied all allegations levelled by the applicant no.1. In the application he additionally pleaded that after six months of the marriage, he took the applicant No.1 with him at Nagpur where she worked as labour. Father of the applicant No.1 came over there and took her daughter along with him, but not send back the applicant no.1 to matrimonial home. When the applicant No.1 lived with the respondent, she used to quarrel on pretty matters and threaten that she will commit suicide and implicate the respondent. The respondent reported the matter before the member of the Society. The Member of the Society persuaded the matter then, she admitted her fault and assure that she will live with the respondent amicably and would not quarrel with him. She went along with the respondent, but after some time, she tried to pressurize the respondent to live at her parental house. On denying, she called her father and he took her along with him. Since then, without any sufficient cause she is living separately in her parental home. The respondent is doing a labour work at Nagpur. When the applicant No.1 lived with him, she also did the labour work and earned Rs.200/- per day and presently, she is doing labour work and earning Rs.200/- per day and the respondent pleaded in the reply that he is earning Rs.1,000/- per month.