The court affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.

JUDGMENT :

SANJIV KUMAR, J.

1. The instant Criminal Revision has been filed on behalf of Brijmohan against the judgment and order dated 06.09.2022, passed by learned Additional Principal Judge, Court No.1, Family Court, Firozabad in Maintenance Case No. 1907 of 2014 ( Smt. Dhirjesh Vs. Brijmohan ), under Section 125 Cr.P.C. Police Station Makkhanpur, District Firozabad.

2. In the impugned judgment and order, the learned trial court allowed maintenance application filed under Section 125 Cr.P.C. by Smt. Dhirjesh and directed the revisionist Brijmohan to pay a sum of Rs.3000/- per month as maintenance to her from the date of application and Rs.5000/- per month from the date of order.

3. Brief facts of the case are that Smt. Dhirjesh filed application under Section 125 Cr.P.C. against the revisionist Brijmohan, alleging therein that her marriage with Brijmohan was solemnized on 17.02.2012 as per Hindu rites. Her in-laws were not satisfied with the dowry and demanded three lakhs in the form of additional dowry and started committing physical and mental torture. Brijmohan did not maintain physical relations with her. On 23.07.2013, she was badly beaten by her husband and in-laws for additional demand of dowry. Her relatives took her to hospital at Shikohabad, District Firozabad for treatment, where she was medically examined. Her father lodged a criminal case regarding torture for want of dowry and in that case the police has filed charge-sheet before the competent court. The said case is pending at the stage of trial.

4. It is further alleged that her husband thrown her out of the her matrimonial home and, since then, has not taken her care and not willing to keep her with him. She is living at her father’s home. It is further alleged that due to cruelty committed by her in-laws, she has not been able to apply for a job. Her husband is B.Sc. graduate and his father is retired from Railways. The husband of opposite party no. 2 has thirty bigha of agricultural land besides two beer shops and four wine shops. Brijmohan earns about Rs.1,00,000/- per month and she wants Rs.20,000/- per month from her husband for her maintenance, studies and to apply for a job.

5. The revisionist, Brijmohan, appeared before the court and filed his written submissions denying all the allegations levelled against him and stated that the allegations against him are false and concocted. Smt. Dhirjesh always quarrels with him and his family members and wanted partition to live separately from his parents. He has no licence to run any wine shop. Further, he has no business. His father has some land whereas Smt. Dhirjesh is engaged in making bangles and kadas. She is a graduate women and earns about Rs.10,000/- per month from tuition and sewing work, therefore, she is in no need to get any maintenance, as she is able to maintain herself. Therefore, the application be rejected.

6. After exchange of pleadings, Smt. Dhirjesh appeared in witness box and examined herself as A.P.W. 1 and produced Prem Shankar as A.P.W. 2. Besides this, she also filed some documentary evidence in the form of copy of FIR, her own affidavits, photo-copy of four wheeler R.C. registered in the name of Brij Mohan, photo-copy of her bank account, copy of sale deed and injury report et cetera.

7. The revisionist Brijmohan examined himself as O.P.W. 1 and in his documentary evidence, he has filed copy of ex-parte judgment dated 04.04.2016, copy of order sheet, copy of recovery warrant issued in Misc. Case No. 108 of 2016, under Section 125(3) Cr.P.C., photograph C.D., Challani order and his own affidavit et cetera.

8. After hearing the arg