JUDGMENT

Anwar, J. -- 1. This first appeal under section 19 (1) of Family Courts Act, 1984 has been filed by the appellant/husband against the judgment and decree dated 23.9.2019 passed by Principal Judge, Family Court, Rewa in RCS HM No. 16-A/2017, whereby the application filed by the appellant under section 10 of the Hindu Marriage Act, 1955 for judicial separation was allowed, however directed the appellant to pay maintenance @ Rs. 6,000/- per month to the respondent/wife from the date of the order. Being aggrieved by this part of the judgment and decree, the appellant has filed this appeal.

2. The facts of the case in brief are that the appellant and respondent are legally wedded husband and wife and their marriage was solemnized as per Hindu rites and rituals on 14.5.2015 at village Kachnar, District Satna. After marriage, they lived together peacefully for few days. Thereafter the behaviour of respondent/wife became abnormal towards the appellant and his family members and she started treating them with cruelty. It is alleged that the respondent/wife had told the appellant that she wanted to marry some other person and she had married with the appellant under the pressure of her parents. The respondent/wife was unhappy with the poor economic condition of appellant. The respondent/wife threatened the appellant that she will commit suicide and falsely implicate the appellant and his family members.Due to this threat, appellant was compelled to reside separately from his joint family. The respondent/wife, in January, 2016, consumed poisonous substance and was admitted in SGM Hospital, Rewa by appellant. Thereafter, the wife returned to her matrimonial home on 1.6.2016 and resided till 3.6.2016 in joint family. Thereafter she again left her matrimonial home on 4.6.2016 along with her belongings. The respondent/wife and her family members used to threaten the appellant on mobile phone to falsely implicate him and his family members in criminal case. Thus, the appellant was compelled to file complaint against the respondent/wife. Being annoyed, the respondent/wife filed false dowry complaint at Women Cell, Satna, which was later on transferred to Rewa police and complaint under section 498A of IPC read with section 3/4 of Dowry Prohibition Act was registered against the appellant/husband. Thus, the appellant filed a case for judicial separation against the respondent/wife on the ground of cruelty and desertion.

3. The Family Court considered the application filed by the appellant/husband under section 10 of the Hindu Marriage Act and held that there is material evidence that mental cruelty and harassment were meted out by respondent/wife against the appellant and joint residency of the parties would be injurious to both and dangerous to their life. The Family Court therefore allowed judicial separation between the parties, but directed the appellant/husband to pay Rs. 6,000/- per month as maintenance to the respondent/wife.

4. Learned counsel appearing on behalf of appellant/husband has submitted that so far as the part of the judgment and decree which relates to payment of maintenance @ Rs. 6,000/- per month to the respondent/wife is concerned, it is contrary to law. It is submitted that as the Family Court has found that cruelty and harassment were meted out by the respondent/wife to the appellant/husband and his family members, therefore allowed the application filed by the appellant/husband under section 10 of the Hindu Marriage Act and has granted judicial separation, therefore, the order awarding maintenance @ Rs. 6,000/- per month to the respondent/wife is not justified. The said part of the judgment is arbitrary and suffers from non-application of judicial mind. Submitting aforesaid, it is prayed that this appeal may be allowed and the order awarding maintenance @ Rs. 6,000/- per month to the respondent/wife may be set aside. In support of his contention, learned counsel has relied upon the judgment of the apex Court in