RUPESH KUMAR MISHRA Vs. CHOTI DEVI

JUDGEMENT

(1.) The present petition has been filed against the judgment dated 17.06.2019 passed by the learned Principal Judge, Family Court, Gopalganj in Maintenance Case No. 163 of 2014, C.I.S. registration no. 160/ 2014, whereby and where under the maintenance case has been allowed on contest and the petitioner herein has been directed to pay a sum of Rs. 3500/- per month as maintenance allowance to the opposite party.

(2.) The brief facts of the case are that the marriage of the petitioner and the opposite party is stated to have been solemnized on 07.12.2008 and it is alleged in the complaint petition that the father of the opposite party had given a sum of Rs. 3.30 lacs as Stridhan apart from jewelry, clothss furniture etc. It is further stated in the complaint petition that after marriage, the opposite party herein had come to her in-law's place and had stayed there for two months, where-after she had gone to Mumbai along with his father for giving examination and after examination was over, she came back to her in-law's place in the month of May 2009, however, behavior of the petitioner and his family members was not good and they used to demand various articles like Fridge, Washing Machine, Inverter, T.V. etc. and upon non-fulfillment of the said demand for dowry, she used to be beaten and the accused persons including the petitioner, used to stop giving food to her. It has been stated in the said complaint petition that thereafter, the family and friends had intervened and the matter had become normal for some time, however, again the petitioner and his family members started harassing the opposite party on account of non-fulfillment of all the demand for dowry and lastly on 10.09.2011, the opposite party is stated to have been beaten and thrown out of the matrimonial house, where-after the opposite party is staying with her father, nonetheless, her father is very poor and, therefore, the opposite party is living in a state of pecuniary.

(3.) The complainant has also averred in her complaint petition that the petitioner herein, who is her husband, is having ample amount of land and is having a salary income of Rs.50,000/- per month, accordingly, a prayer was made in the complaint petition for grant of Rs. 10,000/- per month as maintenance amount to the complainant.