A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

Criminal Revision No.4105 of 2022 (Abhijit Alias Rahul vs. State of U.P. and Another) is directed against the judgment and order dated 12.09.2022, passed by Additional Principal Judge, Family Court, Court No.2, Bulandshahr in Maintenance Case No.930 of 2015 (Smt.Poonam Sharma vs. Abhijit Alias Rahul), under Section 125 Cr.P.C., Police Station Kotwali Nagar, Bulandshahr, whereby the revisionist-husband has been directed to pay Rs.4,000/- as monthly maintenance to opposite party No.2, who is wife of the revisionist from the date of filing of application to date of judgment and thereafter Rs.8,000/- per month. The arrears of maintenance at the rate of Rs.4,000/- per month has been directed to be paid in four monthly installments. This is also directed that any sum received by the applicant earlier will be liable to be adjusted towards maintenance awarded in the judgment.

2. Criminal Revision No.2373 of 2023 is directed against the ex-parte judgement and order dated 08.01.2019 passed by Additional Chief Judicial Magistrate, Bulandshahr in Case No.1503 of 2015 (Smt.Poonam vs. Abhijit @ Rahul and others), under Sections 18 , 19 and 20 of DOMESTIC VIOLENCE ACT , Police Station Kotwali Nagar, Bulandshahr, whereby the respondents who are husband and in-laws of Smt.Poonam Sharma were directed to provide a room in shared household of the respondents and they are also directed to refrain from causing any physical or mental pain to the applicant. The respondent No.1 has been directed to pay Rs.2500/- per month from the date of order towards meeting out the basic needs of the applicant related to food, clothing, medical and other expenses. The impugned order passed by learned Magistrate in proceeding under DOMESTIC VIOLENCE ACT was challenged by the opposite parties in Criminal Appeal No.11 of 2019, (Abhijit @ Rahul and others vs. Smt.Poonam Sharma and another), which was dismissed by learned Sessions Judge, Bulandshahr vide judgment and order dated 06.07.2019 and the ex-parte judgment passed by the learned Magistrate has been affirmed. Both the orders of courts below are challenged by the revisionists in present criminal appeal. Thus, the criminal Revision No.4105 of 2022 has been filed by the husband of the applicant against judgement and order of Additional Principal Judge, Family Court whereas in Criminal Revision No.2373 of 2022, judgment and orders of both the courts below are challenged by the respondents, including husband of the complainant.

3. As both the criminal revisions are related to same contesting parties and relates to similar matter, thus, these criminal revisions are being decided by this common judgment:-

4. The factual matrix of the case are that the marriage of the revisionist Abhijit @ Rahul and Smt.Poonam Sharma-respondent No.2 was solemnized on 19.06.2014. According to applicant, her father spent around Rs.10 lacs in the marriage but her husband and in-laws were nto satisfied with the gifts and cash given in the marriage. They started demanding a Santro Car and Rs.1 lac cash as additional dowry. The parents of the applicant tried to make them understand their inability to fulfill their demands but they did not oblige and persisted in making their demands. The husband of the applicant used to engage in anal intercourse with the applicant against the order of nature and the applicant raised a complaint to her in-laws regarding this offending act of her husband but they even countenanced the commissions of her husband. One day, she wa