Back
2014 Supreme(MP) 217
MADHYA PRADESH HIGH COURT
N.K. Gupta, J.
Prakash Kushwaha v. Smt. Pooja
Criminal Revision No.1827 of 2008 (Jabalpur) : against the order of Principal Judge, Family Court, Bhopal; Decided on 4.4.2014.
Ishteyaq Husain for applicant;
Vivek Baderiya for respondent.
Headnote:Criminal P.C., 1973 -- S.125 -- Penal Code, 1860 -- S.498A -- Dowry Prohibition Act, 1961 -- S.3/4 -- plea of harassment due to dowry demand not mentioned at trial stage -- wife denied to join the company of her husband without any appropriate reason -- she herself at fault -- not entitled for any maintenance.
Held : It is a fit case, in which an interference is required from the side of this Court to set aside a perverse order. The respondent herself is at fault and she is not joining the company of her husband without any reasonable cause and therefore, she is not entitled for any maintenance. Consequently, the revision filed by the applicant Prakash Kushwaha is hereby allowed. The impugned order dated 28.6.2008 passed by the learned Principal Judge, Family Court, Bhopal is hereby set aside. Also, the application under section 125 of the CrPC filed by the respondent is dismissed. 2007(I) MPWN 10 relied on.
naM izfØ;k lafgrk] 1973 && /kkjk 125 && naM lfgrk] 1860 && /kkjk 498d && ngst izfr”ks/k vf/kfu;e] 1961 && /kkjk 3@4 && ngst dh ek¡x ds dkj.k izrkM+uk ds vfHkokd~ dk fopkj.k izde ij mYys[k ugh && iRuh dk fcuk fdlh leqfpr dkj.k ds vius ifr ds lkFk jgus ls bUdkj && og Loa; nks”kh && fdlh Hkj.k&iks”k.k dh gdnkj ughA
vfHkfu/kkZfjr % ;g mi;qDr ekeyk gS ftles vuqfpr vkns’k vikLr djus ds fy, bl U;k;ky; dh vksj ls gLr{ksi visf{kr gSA izR;FkhZ Lo;a nks”kh gS rFkk og fcuk fdlh ;qfDr;qDr dkj.k ds vius ifr ds lkFk ugh jg jgh gS rFkk blfy,] og fdlh Hkj.k&iks”k.k dh gdnkj ugh gSA ifj.kkeLo:Ik] vkosnd izdk’k dq’kokg }kjk izLrqr iqujh{k.k ,rn~}kjk eatwj fd;k tkrk gSA fo}ku iz/kku U;k;k/kh’k] dqaVqc U;k;ky;] Hkksiky }kjk ikfjr vkf{kIr vkns’k fnukad 28-6-2008 ,rn~}kjk vikLr fd;k tkrk gSA blds vfrfjDr] izR;FkhZ }kjk naM izfdz;k lafgrk dh /kkjk 125 ds v/khu izLrqr vkosnu Hkh [kkfjt fd;k tkrk gSA 2007 ¼1½ e-iz- ohDyh uksV~l 10 voyfcarA
1. The applicant has preferred the present revision against the order dated 28.6.2008 passed by the Principal Judge, Family Court, Bhopal, whereby a maintenance of Rs.1,500/- per month was granted to the respondent.
2. The facts of the case, in short, are that, the respondent has moved an application under section 125 of the CrPC against the applicant that the marriage of the respondent and the applicant took place on 12.7.2000 at Hanuman Mandir, Karod square, Bhopal. For first 6 months, the behaviour of the applicant and his family members was good. Thereafter, the applicant’s family members started harassing the respondent for dowry demand. They directed to bring a sum of Rs.50,000/- and a motorcycle from her father. On 6.1.2003, the respondent had submitted an application to Pariwar Paramarsh Kendra, Police Station Shahjahanabad, District Bhopal. Thereafter, the applicant took her again but, the behaviour of the applicant and his family members was same as it was prior to that compromise. The respondent sent a letter to her parents on 7.6.2004 and thereafter, the applicant and his family members sent her to her parents house on 18.9.2005. She had also lodged an FIR for offence under section 498A of IPC and section 3/4 of Dowry Prohibition Act. She claimed a maintenance of Rs.5,000/- per month by showing that the applicant was having a hotel and also some agricultural land and his income was more than Rs.1 lac per annum by cultivation.
3. The applicant in his reply denied all the allegations made by the respondent. According to the applicant on 18.9.2005, the respondent was taken by her cousins Pappu and Lakhan. Thereafter, the respondent was not sent to the house of the applicant. The applicant denied about his income. He has pleaded that the respondent was earning a sum of Rs.4,000-5,000/- per month by tuitions. She was also earning a sum of Rs.2,000-2,500/- by stitching and embroidery. It was specifically pleaded that initially the parents of the respondent did not sent the respondent to the house of the applicant with the pretext that the respondent was of tender age. The respondent attended various functions in the house of the applicant for 1-2 days and again she went to her parents house. On 18.5.2003, there was a marriage of sister of the applicant and the respondent was residing with her sister at Ujjain but, she was not sent by her sister. On 18.9.2005, Pappu, cousin of the respondent along with Lakhan and Kallu came to the house of the applicant and took the respondent and thereafter, she did not come to the house of the applicant and therefore, it is prayed that maintenance application may be dismissed.
4. After considering the evidence adduced by the parties, the learned First Additional Principal Judge, Family Court, Bhopal vide order dated 18.5.2006 granted a maintenance of Rs.2,000/- per month to the respondent from the date of the order. However, that order was an ex parte order and thereafter, it was set aside. Again on 28.6.2008, the learned Principal Judge, Family Court, Bhopal after considering the evidence adduced by the parties, granted a maintenance of Rs.1,500/- per month to the respondent from the date of the order.
5. I have heard the learned counsel for the parties.
6. Learned counsel for the applicant submits that the applicant has moved an application under section 9 of the Hindu Marriage Act and after grant of decree for restitution of conjugal rights, the respondent did not come to the house of the applicant and, therefore, she was not entitled for maintenance. In support of this contention, reliance is placed upon the order passed by the Single Bench of this Court in case of Renu (Smt.) v. Hiralal [2002(2) JLJ 117]. In the present case, no such evidence was placed before the Family Court that a decree under section 9 of the Hindu Marriage Act was passed and thereafter, the respondent did not complied with the decree. It was for the applicant to plead such a plea in his reply and thereafter,
