ANIL SHARMA Vs. ALKA SHARMA

JUDGEMENT

(1.) By way of this revision petition, the petitioner has challenged the order passed by the Court of learned Judicial Magistrate, 1st Class, Nahan, District Sirmaur in petition No. 86/4 of 2014, dated 13.10.2015, vide which the learned Court below has partly allowed the ad-interim maintenance application filed by the present respondents under Sec. 125 of the Code of Criminal Procedure for grant of maintenance in their favour and has directed the present petitioner to pay an amount of Rs.1,000.00 each to the present respondents per month from the date of order till the disposal of the petition filed under Sec. 125 of the Code of Criminal Procedure.

(2.) Brief facts necessary for the adjudication of the case are that the present respondents/applicants (hereinafter referred to as 'the applicants') filed a petition under Sec. 125 of the Code of Criminal Procedure in the Court of learned Chief Judicial Magistrate, Nahan, District Sirmaur, in which it was averred that applicant No. 1 Alka Sharma was the legally wedded wife of the present petitioner/respondent (hereinafter referred to as 'the respondent'). Marriage between applicant No. 1 and the respondent took place on 14.02000 as per Hindu rites and ceremonies and two children were born out of the said wedlock and the respondent and his family members kept applicant No. 1 properly for some time, but thereafter they started torturing her both physically and mentally on the demand of dowry. Further, as per the averments made in the petition, despite efforts made by the family of applicant No. 1, respondent and his family members kept on harassing applicant No. 1 and respondent also neglected and refused to maintain the applicants. It was further averred in the petition that applicant No. 1 was having no independent source of income and she was residing in the house of her parents at the mercy of her brother and respondent was having transport business and was owner of number of vehicles and was also having agricultural land as well as rental income from the shops let out by him was earning more than Rs.40,000.00 per month. It was further averred in the petition that respondent be directed to pay to the applicants an amount of Rs.15,000.00 per month for the maintenance of applicant No. 1, his wife and an amount of Rs.5,000.00 each for the maintenance of his two children, i.e. applicants No. 2 and 3 as well as litigation expenses.

(3.) The said petition was opposed by the respondent inter alia on the ground that applicant No. 1 is not legally wedded wife of the respondent and there has never been any cohabitation between the parties at any time. It was further mentioned in the reply filed by the respondent that his family as well as the family of applicant No. 1 were known to each other and that on account of the said intimacy between the families, applicant No. 1 pressurized the respondent to marry her, but he as well as his family members refused to do so. As per the respondent, the petition was filed by the applicants on false and frivolous grounds to harass and humiliate him. He also denied that he was owner of number of vehicles or was having agricultural land or any rental income or was earning an amount of Rs.40,000.00 per month.