ORDER

1. This revision petition has been preferred by the petitioner/husband being aggrieved by the impugned order dated 24.8.2023 passed by Principal Judge Family Court, Indore in MJC No.1151/ 2022 whereby the learned trial Court has partly allowed the interim maintenance application filed by the Respondent/wife and awarded Rs.25,000/- per month as interim maintenance. It is not disputed that the Respondent/wife is a legally married wife of the petitioner/husband.

2. The Respondent/wife filed an application under section 125 of Cr.P.C. before the learned trial court. She also filed an interim maintenance application stating that marriage of the Respondent was solemnized with the petitioner on 28.4.2019 as per Hindu rites and rituals. At the time of the marriage parents of the Respondent had given ornaments, cash and other articles to the petitioner as per their capacity. But after marriage, behaviour of the petitioner was not cordial with that of respondent. There was illicit relationship of the petitioner with a woman named Ranju Arora. He used to physically and mentally harass the Respondent after being intoxicated. On 10.8.2019 due to illicit relationship of the petitioner with Ranju Arora, Petitioner had physically assaulted the respondent/wife. On 11.8.2019 the Petitioner has sent respondent to her maternal house with her brother. On 21.3.2022, the petitioner came to maternal house of the respondent and brought her back to his house. But thereafter as well he again started to physically and mentally harass her. On 14.7.2022 the petitioner got the respondent out of his house again. Since then she has been living in her maternal house. Respondent has no means to maintain herself and incapable to do the same. While the petitioner supplies medicine in government offices and earns a sum of Rs.25,00,00,000/- in Annual turnover. He has several immovable properties in Indore. He earns a sum of Rs.10,00,000/- per month. Thereby the respondent made an application for interim maintenance of Rs.1,50,000/- per month.

3. The petitioner denied all the averment of the application and pleaded that he never demanded dowry from the respondent. He has never physically or mentally harassed her in any manner. On the demand of respondent, the petitioner has given lots of jewellery and a four wheeler. He has transferred Lakhs of rupees in the bank account of the family members of the respondent. The behaviour of the Respondent was not appropriate with the petitioner. She used to level false allegations on the image of the petitioner. Thereafter she used to instigate him to leave her mother. The petitioner did not get the respondent out of his house, but the respondent/wife herself has without any reasonable cause left the petitioner and went to her maternal house. The respondent is highly educated lady and since before the marriage, she was the director at knowledge Partner Pvt. Ltd. from her separate business she earns a sum of Rs.7,00,000/-. She earns Rs. 30,000/- per month in salary. She has 2 two-wheelers and 2 four wheelers. Therefore, she is capable to maintain herself. While petitioner has taken loan from the Bank and he has to give Rs.36,00,000/- per year for the payment of the debt. For the purpose of home loan he deposits Rs.25,000/- per month. He has responsibility of the old aged mother and father. Therefore, she is not entitled for interim maintenance.

4. Learned trial court after considering the averment of application and reply, affidavits filed by both the parties in pursuance of guideline given by the apex court in the case of Rajnesh v. Neha (2021) 2 SCC 324 it has been observed that there is no material which shows that the respondent has sufficient source of income to maintain herself. While as per income tax return it shows that the Petitioner has yearly income of Rs.21,44,726/-, Rs.19,30,600/- Rs.28,88,040, and Rs.22,22,850 in assessment year 2019-20, 2020-21, 2021-22 and 2022-2023, respectively. Agricultural income Rs.2-3 lak