SANDEEP Vs. SANJU

JUDGEMENT

(1.) Since both the appeals arose out of the same Family Court orders dated 4.5.2018, they are heard together and decided by this common order.

(2.) Brief facts giving rise to both the appeals are that marriage of both the appellants-Sandeep and Suresh was solemnized with respondents Smt. Sanju and Smt. Anita, respectively, on 12.4.2011 as per Hindu rites and customs. After marriage, matrimonial obligations were performed by both the parties and each of them were blessed with a female child, namely Dimpi and Khushi. After sometime, each of the appellants started mentally torturing their wives for the demand of dowry and car. On 9.8.2014, each of the appellants and their family members left the respondent wives and children along with their 'Stridhan' at their parental house. Whereupon, FIR No. 415/2014 by Smt. Sanju and another FIR No. 419/2014 by Smt. Anita were lodged at Police Station Chirawa for offences punishable under Sections 498A, 406 and 323 of the Indian Penal Code. During investigation, each of the appellants and the family members effected a compromise not to torture/harass each of the respondent wives and on this basis, police submitted final negative report in both the FIRs. After some time, both the respondent wives lodged FIR No. 421/2015 at Police Station Chirawa for the same offences mentioned above in earlier FIRs. Police, after due investigation, submitted challan in the Court of Judicial Magistrate, Chirawa which are pending. In these facts and circumstances, each of the appellants had filed divorce petitions. Out of compulsion, each of the wives has to live at their parental house. During pendency of the main petition, each of the respondent wives filed application under Sections 24 and 26 of the Act for grant of maintenance which was allowed vide impugned order dated 4.5.2018.

(3.) The appellants (husband) in their reply denied all the allegations. They stated that they did not torture the respondent wives physically or mentally. They submitted that the respondent wives lodged false FIR No. 421/2015 by concocting and fabricating false facts. Each of the wives were living separately of their own will. So, the application be rejected.