LAWS(MPH)-2019-3-162

ALI ABBAS Vs. RUKHSAR BANO

Decided On March 29, 2019
ALI ABBAS Appellant
V/S
Rukhsar Bano Respondents

JUDGEMENT

(1.) Cr.R. No. 5703/2018 and Cr.R. No. 17/2019 arising out of the common order dated 03.11.2018 passed in MJCR No. 148/2017 by Principal Judge, Family Court, Harda. Both these criminal revisions are disposed of by this common order. The impugned order be retained in Cr.R. No. 5703/2018.

(2.) Facts giving rise to both revisions are, in short, that the applicant of Cr.R. No. 5703/2018 Ali Abbas got married with the Rukhsar Bano in Cr.R. 17/2019 (hereinafter Rukhsar Bano referred as applicant and Ali Abbas referred as non-applicant).

(3.) The applicant got married with the non- applicant as per Muslim Law. The applicant remained with non-applicant as a wife in matrimonial house. Her sister was also got married with the brother of the non-applicant. But later on, non-applicant demanded Rs.50,000/- as a dowry. She informed to her father. Her father came at her and Cr.R. No. 17/2019 matrimonial house and provided Rs.50,000/- to the non- applicant, but elder brother of the non-applicant again demanded Rs.3,00,000/-. Non-applicant ill treated the applicant on the basis of that demand. On account of non fulfillment of the demand, non-applicant left the applicant as well as her sister on the Railway Station Harda there from, the applicant reached to her parental house. The father of the applicant tried to pursue the non-applicant, but non-applicant said that until his demand of dowry is not fulfilled, he will not take the applicant with him. Since then she is living with her parents. She is not having any means of earning to maintain herself, therefore, she filed an application under Section 125 of the Cr.P.C. before the Court of Principal Judge, Family Court, Harda.