OM PRAKASH VESHNAV Vs. VIDHYA VESHNAV

JUDGEMENT

(1.) Aggrieved by the order dated 03.05.2008, passed by the learned Judge, Family Court, Udaipur, whereby the learned Judge has directed the Petitioner husband to pay a maintenance of Rs. 800/- per month to the Respondent-wife, Smt. Vidhya Veshnav, the Petitioner husband has approached this Court.

(2.) The baief facts of the case are that the Petitioner-husband and the Respondent-wife were married on 20.09.1999 according to the Hindu customs and rites. According to the Respondent-wife, for the first three years, the Petitioner-husband and his family members kept her well. However, subsequently they started demanding that she should bring Rs. 5,000/- from her parents. Moreover, they started subjecting her to physical and mental cruelty. Eventually, she was thrown out of the house. Because of their cruelty, she had filed a criminal case for offences under Sections 498A, 323, 406 and 120B IPC, which is pending before the courts of Kanod. The Respondent-wife also claims that the Petitioner-husband has married the daughter of one Kalu Das through the Nata ceremony and the said lady is living with him. Unable to maintain herself, the Respondent-wife had filed an application under Section 125 Code of Criminal Procedure After going through the oral and documentary evidence, vide order dated 03.05.2008, the learned Judge directed the Petitioner to pay a maintenance of Rs. 800/- per month to the Respondent-wife. Hence, this petition before this Court.

(3.) Mr. B.M. Kalla, the learned Counsel for the Petitioner-husband, has vehemently contended that the Respondent-wife is staying away from the Petitioner husband without any rhyme or reason. Therefore, she has deserted him. Hence, the benefit of Section 125(4) Code of Criminal Procedure should be given to him. Thus, the Respondent-wife is disentitled from claiming any maintenance from the Petitioner-husband.