ORDER

1. This revision petition u/S 19(4) of the Family Courts Act has been filed by the petitioner/wife being aggrieved by the order dated 22.8.2023 passed by I Additional Principal Judge, Family Court Indore in MJC No.1443/2021, whereby the learned trial Court has partly allowed interim maintenance application filed by the petitioner/wife and awarded her Rs.3,500/- per month from 25.4.2023.

2. It is admitted fact that the petitioner/wife and respondent/husband got married on 22.4.2021 as per Hindu rites and rituals. It is also admitted fact that the respondent/husband is working in Indian Railway as an Assistant Loco Pilot.

3. The petitioner/wife has filed an application for maintenance u/S 125 of Cr.P.C., and has also filed an application for interim maintenance stating that after marriage, she used to live with respondent/husband at her matrimonial house. Thereafter, her husband started to harass her physically and mentally, in furtherance of demand of dowry of Rs.50,00,000/- and a Creta car and for other domestic reasons as well. In furtherance of the aforesaid, the respondent had deserted petitioner/wife. Since 21.6.2021, she has been living at her maternal house. On 13.10.2021, the petitioner/wife had lodged an FIR for demand of dowry against respondent/husband and his family members at P/S Mahila Thana, Indore. The petitioner has no source of income to maintain herself. While the respondent is in a government job and receives salary of Rs.70,000/- per month. Therefore, the respondent is capable to maintain the petitioner but he denied to maintain her. She sought interim maintenance of Rs.30,000/- per month and counsel’s fees Rs.25,000/- in lump sum.

4. The respondent/husband in his reply has denied all the averments made in interim maintenance application, except admitted facts and pleaded that after marriage, the behaviour of petitioner/wife was not fair with respondent/husband and his family members. She used to argue for trivial domestic causes and did not use to perform house chores. The petitioner/wife used to intimidate the respondent and his family members that she will commit suicide. The respondent/husband and his family members never demanded dowry from the petitioner/wife. She has lodged a false FIR against the respondent and his family members. The petitioner/wife herself does not want to live with the respondent/husband. The petitioner/wife on 21.6.2021, left to Indore and started to live at her maternal house. She took all her Stridhan i.e., gold and silver ornaments with herself. She did not return to the respondent/husband’s house despite of several attempts of exhorting her. The respondent did not desert her but she herself opted to not live with respondent/husband. The petitioner is a graduate lady and runs a beauty parlour shop from where she earns a sum of Rs.50,000/- per month. She receives monthly Rs.30,000/- from rent. Father of the petitioner/wife also has ample sources of income. Therefore, she is capable to maintain herself. It is also submitted that Family Court, Damoh in a matter of restitution of conjugal rights has awarded her interim maintenance, wherein she is getting Rs.1,500/- per month by the respondent/husband. Respondent/husband earns Rs.29,561/- per month as salary. Therefore, application for interim maintenance is liable to be rejected.

5. The learned trial Court after hearing both the parties and considering affidavits filed by the parties as prescribed by the apex Court in the case of Rajnesh v. Neha And Anr. [(2021) 2 SCC 324] was prima facie of the view that the petitioner/wife has no source of income therefore, she is unable to maintain herself, while the respondent/husband receives Rs.29,561/- per month as salary. Therefore, he is capable to maintain his wife. Accordingly, the learned trial Court awarded the interim maintenance in favour of the petitioner/wife as mentioned above. The learned trial Court has also directed that if the petitioner/wife is receiving maintenance in an