RAHUL SHARMA. Vs. VASUNDHARA

JUDGEMENT

(1.) The petitioner has filed present petition under Section 482 Cr.PC for setting aside the judgment dated 07.08.2015 passed by learned Judicial Magistrate 1st Class, Kurukshetra, whereby the petition filed by the respondents, who are the wife and minor daughter of the petitioner, under Section 125 Cr.P.C. was allowed and the petitioner was directed to pay maintenance @ Rs.8,000/- per month to respondent No.1-wife and Rs.5,000/- per month to respondent No.2-minor daughter i.e. a total sum of Rs.13,000/- per month from the date of passing of judgment.

(2.) Challenge has also been laid to the judgment dated 31.03.2016 passed by learned Additional Sessions Judge, Kurukshetra, whereby the criminal revision filed by the petitioner against the judgment dated 07.08.2015 passed by learned Magistrate, was also dismissed.

(3.) Briefly stated, the respondents had filed a petition under Section 125 Cr.PC before the trial Court claiming maintenance allowance @ Rs.20,000/- per month(Rs.15,000/- per month for respondent No.1-wife and Rs.5,000/- per month for respondent No.2-minor daughter). The marriage between the petitioner and respondent No.1 was solemnised on 28.10.2011 and out of this wedlock, respondent No.2 Vanshika was born to them on 03.10.2012. Sufficient dowry was given at the time of marriage. Initially, the respondent No.1 lived in the matrimonial home peacefully for some time, but after some time, the petitioner and his family members started behaving in indifferent manner and tortured respondent No.1 for not bringing sufficient dowry and demanded Rs.7 lakh in cash for purchase of Maruti Swift car. She was continuously harassed, tortured and maltreated by the petitioner and his family members and was subjected to severe beatings and injuries. The father of respondent No.1 fulfilled the dowry demands of the petitioner while issuing cheques as well as in cash, so that respondent No.1 may live happy life, but all in vain. The petitioner had also filed a petition seeking divorce under Section 13 of the Hindu Marriage Act, 1955. Respondent No.1 along with minor daughter came to her parental home and narrated the whole story regarding harassment and demand of dowry to her parents. Panchayats were held to resolve the matter, but the petitioner and his family remained adamant on their illegal demands.