JUDGMENT :

G.A. SANAP, J.

1. Heard.

2. Admit. Matter is taken up for final disposal by consent of the learned advocates for the parties.

3. In this criminal revision, the husband-original respondent has challenged the judgment and order dated 26th June, 2019, passed in Petition No. E-203/2015, whereby the learned Judge of the Family Court at Nagpur allowed the petition and awarded the monthly maintenance at the rate of Rs. 7,000/- to the wife-original petitioner No. 1 and Rs. 7,000/- to his minor daughter-original petitioner No. 2. In this judgment, the parties would be referred by their nomenclature in the petition filed by the wife.

4. The petitioner No. 1 and the respondent got married on 27th May, 2011. The couple was blessed with a daughter on 22nd March, 2012. It is the case of the petitioner No. 1 that after marriage, she went to reside at the house of the respondent. She was treated properly for one or two months. Thereafter, the respondent started picking up quarrels with her on flimsy grounds. The respondent was acting under the influence of his mother. The mother of the respondent would also quarrel with the petitioner No. 1. The respondent beat her on more than one occasion. The petitioner No. 1 tried to give an understanding to the respondent and his mother, however, it was of no use. The respondent and his mother were not happy with her for the reason that the petitioner No. 1 did not fetch dowry as per their wish in the marriage. They used to taunt her on this ground since beginning. They made her life miserable.

5. It is stated that the respondent dropped the petitioner No. 1 at the place of her parents on 22nd March, 2012. She gave birth to petitioner No. 2. The respondent did not bother to make the enquiry as well as pay the hospital expenses. The respondent and his mother were not happy with the birth of the female child. She was, therefore, driven out of the matrimonial home. Since the respondent did not make any effort to establish cohabitation, she issued a notice through advocate to the respondent. She filed a petition for restitution of conjugal rights. During the pendency of the said petition, the matter was referred for mediation and the matter was settled through mediation. The petitioner No. 1 went, as per the settlement, to reside at the house of the respondent with a fond hope that there would change in their attitude and behaviour. She stayed at the house of the respondent for two days. The respondent and his mother started ill-treating her. She was driven out of the matrimonial home. Since then, she has taken shelter at the house of her parents.

6. It is stated that she has no source of income. Therefore, she is unable to maintain herself and the petitioner No. 2. The respondent is doing service in railway and he is earning salary around Rs. 45,000/- per month. The petitioners are the only dependants of the respondent. The respondent did not bother to make a provision for the maintenance of the petitioners. The respondent has failed and neglected to maintain them. The petitioner No. 1 claimed the maintenance at the rate of Rs. 15,000/- per month for herself and Rs. 5,000/- per month for petitioner No. 2.

7. The respondent opposed the petition. According to the respondent, the facts stated in the application are false to the knowledge of the petitioner No. 1. According to the respondent, he is a peace loving person. It is his case that after marriage for few days only, the petitioner No. 1 behaved properly and sensibly with him and his mother. After few months of the marriage, the petitioner No. 1 started showing her true colour. She was not doing the household work. She was quarreling with his mother and with him for petty reasons. She was insisting the respondent to live separately from his mother. The respondent did not agree to this, because he was the only person from the family staying at Nagpur to look after his mother. Before the birth of the petitioner No. 2, the petitioner No. 1 went to her par