The court upheld the provisions of Section 125 Cr.P.C. and emphasized the husband's obligation to maintain his wife and minor daughter.

JUDGMENT :

1. Heard Sri Abhijeet Singh, learned counsel for the revisionist, Sri S.N. Mishra, learned A.G.A. for the State and Sri Praveen Kumar Singh, learned counsel for the opposite party no.2 and perused the record.

2. The instant revision has been preferred by the revisionist-husband against the judgement and order dated 28.5.2019 passed by learned Additional Principal Judge, Family Court, Gautambudh Nagar in Case No.59 of 2016, by which the application under Section 125 Cr.P.C. moved by opposite party no.2-wife was allowed and the revisionist was directed to pay maintenance amount of Rs.8000/-per month to opposite party no.2 and Rs.4000/-per month for his daughter Raina Jaiswal from the date of filing of the application. Feeling aggrieved by it, the revisionist-husband of the opposite party no.2-wife has preferred this revision.

3. The brief facts necessary for disposal of this revision is that the marriage of opposite party no.2 Monika Jaiswal was solemnized with revisionist Nikhil Kumar Jaiswal according to Hindu Rites and Rituals on 28.1.2012 at her parent’s house at Mohan Road, Deoria and her father had given gifts as dowry beyond his capacity to the in-laws of opposite party no.2. After marriage, she had gone to her matrimonial home and started living with her husband. The family of her in-laws were not satisfied with the dowry given by her father. As soon as she came to her matrimonial home, her husband Nikhil Kumar Jaiswal, mother-in-law, father-in-law and sisters-in-law Abha Jaiswal and Sadhana Jaiswal and brother-in-law Akhil Kumar Jaiswal started demanding Rs.10 lacs and Honda City car from her. Upon which, she stated to them that her father is not in a position to meet their additional demand of dowry, but the revisionist and his family members started beating to opposite party no.2 on petty issues. In this regard, she complained to his father-in-law, on which her husband and member of her in-laws family assured her that he will not do it in future and even after that the revisionist and his family members did not deter from their habits and thereafter her father had taken Rs.1,50,000/-from her brother and given it to the revisionist. The father of opposite party no.2 talked about complaining to the police about it, then the husband of opposite party no.2 took her with him without informing her father to WZ-10A, 2nd Floor, Titarpur near Tagore Garden Metro Station, Delhi and started harassing to opposite party no.2 in routine manner and forcibly committed rape and unnatural sex with her. On crying, shouting by the opposite party no.2, he used to shut her mouth and threatened to kill her if she raised noise and also told that he would not let anyone know. When the revisionist was objected by the nearby persons after hearing the noise, he took the opposite party no.2 to House No-49, Millenniua Village, Alpha Ist, Greater Noida, District Gautambudh Nagar and revisionist started behaving in cruel and inhuman manner with opposite party no.2 as earlier. Whenever, opposite party no.2 went out of the house, her husband used to beat and say her that until he will get Rs.10 lacs and Honda City car from her father, he will continue torturing like this. The opposite party no.2 kept on tolerating everything and explained many times to revisionist, but despite this, the behaviour of the revisionist was not changed. Though, the opposite party no.2 started working in Visva Bharti School, Greater Noida despite that, there was no change in the behaviour of the revisionist and his family members, whenever her husband used to talk to his parents and sister and brother, he used to beat her on their instigation and used to say along with his rest family members that his brother was given a flat of Rs.55 lacs by his brothers-in-law in dowry, but her father gave him nothing. As soon as the opposite party no.2 became pregnant, she was asked to undergo for ultrasound to know sex of foetus, but the doctor refused to tell the sex of foetus.