DEVASHISH DAS Vs. BHARATI DEY DAS

JUDGEMENT

(1.) Heard Mr. B.K. Singh, learned counsel for the petitioner and Mr. S.C. Biswas, learned counsel for the respondent.

(2.) This Criminal Revision Petition under Section 19(4) of the Family Court's Act, 1984 is directed against the Judgment and Order, dated 30.09.2013, passed by the learned Principal Judge, Family Court, Cachar at Silchar in FC (Crl) Case No. 107/2011 whereby the petition filed by the respondent under Section 125 Cr.P.C. was allowed directing the petitioner to pay maintenance @ Rs.5000/- only, per month, from the date of the order.

(3.) The contentions of the respondent in the aforementioned proceeding are that she got married with the petitioner on 10.05.2009 and thereafter, they lived at Guwahati and Jorhat respectively in the houses of the petitioner as husband and wife. After few months of their marriage, the petitioner and his family members started to perpetrate physical and mental cruelty on her, raising questions on her age with reference to her school and college certificates. In the meantime, as she conceived and became pregnant of 3 (three) months, she was taken to her parental home, but unfortunately abortion was caused. During the aforesaid period, the petitioner, despite knowing of the incident of abortion, did not visit her to take stock of her health condition. However, on 30.10.2010, the brother of the respondent took the respondent to the house of the petitioner at Jorhat and left there. However, the petitioner again started to inflict mental cruelty on her by way of rebuking with filthy language and subjecting her to starvation, with a clear intention to pressurize her to leave his house. On being informed, her brother brought her back to her parental home on 26.12.2010 and since then, she has been in her parental home. The petitioner did not even enquire about her nor he made any attempt to bring her back and did not even pay any maintenance despite she having no source of income to maintain herself. According to the respondent, the petitioner is working as Assistant Director of Central Muga-Endi Research and Training Centre drawing a monthly salary of Rs.40,000/-, besides having landed property at Guwahati. Hence, the petition was filed under Section 125 Cr.P.C. claiming maintenance allowance of Rs.15,000/- per month.