RUCHI SHRIVASTAVA Vs. ATIJESH SHRIVASTAVA

JUDGEMENT

(1.) Both the above said criminal revisions, one bearing No. 3136/18 filed by the wife for enhancement of maintenance allowance awarded by the trial court u/S. 125 Cr.P.C . and the other bearing No. 3681/18 filed by the husband assailing the aforesaid grant of maintenance to the wife, have arisen out of the same order and therefore have been heard analogously and thus stand decided by this common order.

(2.) Learned counsel for the rival parties are heard.

(3.) The bare facts reveal that marriage between the rival parties took place on 4/12/2011 as per Hindu rites and customs. At the time of marriage, petitioner-husband was possessing LLM degree and was employed as Legal Adviser in Shriram Finance Company at Indore. Within two months of the marriage, discord in matrimonial relationship arose. Mental and physical cruelty was inflicted upon the wife as alleged by her while the husband and his relatives allege intemperate and insane behaviour on the part of wife. Ultimately, the discord reaching it zenith led to the wife being driven out of the matrimonial home on 29/7/2012. Attempts towards settlement failed. On behest of wife criminal case u/S. 498-A IPC was registered with the police against the husband and mother-in-law. The wife further filed divorce petition bearing No. 377A/13 before the Family Court in which despite service of summons, the husband failed to appear leading to passing of ex- parte decree in favour of the wife on 14/5/2015. The wife thereafter filed petition for maintenance u/S. 125 Cr.P.C . before the Principal Judge of Family Court, Gwalior seeking maintenance allowance of Rs. 10,000/- p.m.