GULAM RAZA Vs. SMT. RAZIA BANO

JUDGEMENT

(1.) The instant revision petition is filed by petitioner-husband to challenge impugned order dated 29th of September, 2016, passed by Family Court, Bhilwara (for short, 'learned Court below') granting maintenance to respondent-wife @ Rs. 10,000/- per mensem, while accepting her application under Section 125 Cr.P.C.

(2.) The facts, in brief, giving rise to this revision petition are that respondent-wife submitted a petition under Section 125 Cr.P.C. against petitioner for claiming maintenance and other expenses to the tune of Rs. 40,000/- per month. It was specifically averred by the respondent, in her petition, that both of them entered into matrimony as per Muslim rites and rituals on 6th of April, 2015 at Bhilwara but, soon after marriage, petitioner started ill-treating her with demand of dowry. The petition further unfurled that atrocious behavior petitioner of continued unabatedly for demand of dowry. Against atrocious and cruel behavior, respondent lodged FIR against petitioner for offence under Section 498A, 406 and 354 IPC. A fact, that petitioner and other members of in-laws family ousted respondent from matrimonial home, also find mention in the petition. For claiming maintenance, respondent pleaded in the petition that she is living with her parents and is unable to maintain herself, therefore, petitioner may be directed to pay maintenance @ Rs. 40,000/- per month. With a view to quantify the amount of maintenance, respondent has specifically averred in the petition that petitioner is doing business of tailoring at Gulabpura with the assistance of fifteen co-workers and is earning Rs. 3,000/- per day. That apart, agricultural income of the petitioner is also shown as Rs. 10,000/- per month. The petition filed by the respondent-wife is contested by petitioner-husband and reply to the same is submitted with bare denial of all the averments. In the reply, no endeavor was made by the petitioner-husband to refute the allegations.

(3.) After submission of reply, respondent-wife herself appeared in the witness box and testified on oath but despite availing many opportunities no evidence was tendered by petitioner-husband. Learned Court below, thereafter, heard final arguments and by the order impugned partly allowed petition under Section 125 Cr.P.C. and awarded maintenance to the tune of Rs. 10,000/- per month.