Point of Law:
Husband had made considerable efforts to bring the wife with the assistance of elders of the society. But, she was not ready to return back at her matrimonial home, as she without any reason was staying separately from the present petitioner, she is not entitled to receive any amount of maintenance as she has left the matrimonial house without any reason.

ORDER :

1. By way of present application, the petitioner has challenged the judgment and order dated 24th July 2018 passed in Criminal Misc. Application no.571 of 2016 by learned Judge, Family Court, Godhara.

2. The facts in brief as could be gathered from the memo of the application as well as from the impugned judgment and order are required to be setout as under :

2.1 That the marriage of the present respondent no.2 was solemnized at Godhara with the present petitioner on 6th June 2012 as per Muslim custom and culture. The respondent no.2 started her marriage life by going to reside to her matrimonial home with the present petitioner taking along with the Gold, household and amount of Rs.2,00,000/- given by her parents and relatives. The said amount of Rs.2,00,000/- was taken by the present petitioner from the respondent wife by saying that he wanted to purchase new xerox machine, thereafter some gold and silver ornaments were taken away from the respondent wife by saying that he will keep the same in the safe custody.

2.2 Thereafter, dowry demand was made by the present petitioner from the respondent wife and husband started torturing wife by saying that she has not brought much dowry and that is why the husband could not expand his business. The demand of Rs.5,00,000/- was made. It is further stated that the husband used to state that he do not want to marry her. The respondent wife when declined for dowry because her parents were not in a position to give the same, the present petitioner as well as his family members were started beating her and deserted her from her matrimonial home. Thereafter, from the assistance of her family members as well as close relatives and with a hope that in future everything will be alright, the respondent wife came back to her matrimonial home.

2.3 It is stated that on 29th May 2016, the respondent wife was beaten by the present petitioner and was deserted from her matrimonial home and from that day, the respondent wife was residing at her parental home without any assistance. Thereafter, also the family members as also the present petitioner came to the parental home of the respondent wife and abused her and threat was also given to kill her and throw acid on her face. On 7th August 2016 the husband along with his family members came to the house of respondent no.2 wife to bring her to the matrimonial home and respondent – wife. With a view to save her marriage life she agreed to go to Vadodara and travelled for the same. However, during the journey towards Vadodara, the present petitioner husband demanded Rs.5,00,000/- towards dowry and started beating her in the motorcar itself. She was removed by the petitioner husband from the motorcar and told her that if the respondent wife want to come to matrimonial home, she has to give Rs.5,00,000/- to the petitioner husband. It was stated that petitioner husband was earlier also married and gave divorce to the first wife after giving mental torture and deserting her from the matrimonial home.

2.4 After this, the respondent wife resides at her parental home. She has no source of income. The petitioner husband was serving as a teacher and after school time also he was running tuition classes as well as having business of xerox and earning around Rs.50,000/- per month. Therefore, the respondent wife filed an application for maintenance.

2.5 The learned Family Court, Godhara after hearing both the sides and considering the evidence produced before it awarded the amount of Rs.7,000/- as maintenance to the respondent wife to be paid by the husband every month and also awarded Rs.3,000/- as costs. Being aggrieved by the said judgment and order of the learned Family Court, Godhara present petitioner has filed this application.

3. Heard learned advocates appearing for the parties.

4. Mr. Kharadi, learned advocate appearing for the petitioner has mainly relied upon Section 125(4) and 125(5) of the Criminal Procedure Code and argued that husband had made considera