MANAS CHANDRA PRADHAN Vs. SONALI SAHOO

JUDGEMENT

(1.) The order dated 09.11.2016 passed by the learned Judge, Family Court, Bhubaneswar in CRP No. 172 of 2015 granting interim maintenance of Rs. 10,000/- (Rupees Ten Thousand) per month in favour of the wife (petitioner in CRLMP No. 275 of 2017) has been assailed in both the writ petitions.

(2.) Petitioner in CRLMP No. 275 of 2017 is the wife and petitioner in CRLMP No. 239 of 2017 is the husband, Wife has filed CRLMP No. 275 of 2017 for enhancement of the interim maintenance. Petitioner in CRLMP No. 239 of 2017 has challenged the order granting interim maintenance itself. Therefore, both the writ petitions were heard analogously and are being disposed of by this common judgment.

(3.) It is alleged in the maintenance petition that the marriage between petitioners of both the writ petitions was solemnized on 28.11.2004 according to Hindu Customs and rites. After the marriage, the wife came to the house of the husband. In spite of giving dowry in shape of cash and gold ornaments and furniture the husband and his family members were not satisfied and they started torturing the wife physically and mentally., demanding further dowry of Rs. 5,00,000/- (Rupees Five Lakh). However after the marriage the husband did not keep physical relationship With the wife and demanded Rs. 5,00,000/- (Rupees Five Lakh) and when the wife expressed her inability to fulfill such demand, the husband abused her and directed not to touch him until the demand was fulfilled. The in-laws of the wife also tortured her for non-fulfilment of dowry demand. Fifteen days after the marriage, the husband took the wife to his service place at Hyderabad. Soon thereafter the in-laws of the wife arrived at Hyderabad and stayed there with the petitioners for about a month during which period they also tortured the wife physically and mentally. After sometime it was learnt by the wife that her husband was impotent and her parents-in-law persuaded her to go for a test tube baby in Apollo Hospital at Bangalore cunningly suppressing the impotency of the husband. During the medical test in the hospital the wife has confirmed that her husband suffers from impotency and test tube baby was not possible. In the meantime torture on her was continued, but she tolerated all the torture and the cruelty meted out to her. Finally when it became unbearable for her, she came back and stayed with her parents. It is further stated that her husband is highly educated, Engineering Graduate from the NT, Kharagpur and serving as an Engineer in the Microsoft Company, getting handsome salary and has acquired landed property worth about Rs. 58,00,000/-(Rupees Fifty Eight Lakh) , but neglected to maintain the wife. With the aforesaid averments, the wife initially filed petition under Section 125, Cr.P.C., 1973 in the Family Court, Cuttack which was registered as Criminal Proceeding No. 451 of 2014. She also filed a separate petition claiming interim maintenance @ Rs. 68,000/- (Rupees Sixty Eight Thousand) per month and litigation expenses of Rs. 1000/- (Rupees One Thousand) for each date of a4.ending the Court or Rs. 50,000/- (Rupees Fifty Thousand) at once.