DILIP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner-husband is aggrieved by the order dated 26.10.2010, passed by the Family Court, Udaipur, whereby the learned Court has directed the petitioner to pay a maintenance of Rs.2,100/- per month to the respondent-wife, Smt. Anita, from 26.10.2010 onwards.

(2.) THE brief facts of the case are that the petitioner-husband, Dilip Kumar, and respondent-wife, Anita, were married on 27.04.1999 according to the Hindu customs and rites. According to Anita, Dilip Kumar and his family members kept her well for the first six months. However, afterwards they started demanding dowry. THEy also subjected her to mental and physical cruelty. Subsequently, they abandoned her leaving her at her parental place. Unable to maintain herself, Anita filed an application under Section 125 Cr.P.C. for seeking maintenance from Dilip. Vide order dated 5.6.2008, the Family Court directed Dilip to pay a maintenance of Rs.800/- per month. Aggrieved by the said order, Dilip filed a revision petition before this Court. Vide order dated 13.1.2010, this Court accepted the revision petition and set aside the order dated 5.6.2008 and remanded the case back to the learned Family Court. After the remand, the learned Family Court re-recorded the testimonies. Vide order dated 26.10.2010, as mentioned above, the learned Family Court allowed the application and directed the petitioner-husband to pay a maintenance of Rs.2,100/- per month from 26.10.2010 i.e. from the date of the order. Hence, this petition before this Court.

(3.) SECTION 125 Cr.P.C. is a beneficial piece of legislation which tries to ensure socio-economic rights of the wife. Law has always recognized the frailty of the weaker sex, the women. For, a woman who is abandoned by the husband is an easy pray to the male ego and male avarice and to baser instincts of men. Since women are homemakers and home-providers, since they are the runner of hearth and home, they maintain and protect the basic unit of the society, the family. In case family were to fall apart the very fabric of society would be torn apart. Therefore, SECTION 125 Cr.P.C. tries to protect the women from the bad elements in the society by providing them maintenance. It ensures socio-economic justice to the women who find themselves in an animated suspension and who levitate between parental home and matrimonial home.