ORDER

1. With consent, heard finally.

2. This order shall govern the disposal of these criminal revisions as they are arisen out of the same order dated 14.5.2024 passed in Criminal Appeal Nos.372/2023 and 15/2024 by the learned Additional Sessions Judge, District Indore. Hence, they are heard analogously and are being decided by this common order.

3. Being disgruntled by the judgment dated 14.5.2024 passed in Criminal Appeal No.372/2023 by the learned ASJ, Indore, the Criminal Revision No.3528/2024 has been filed by petitioner Radhika for setting aside the impugned order and requested that order dated 24.11.2023 passed in MJC R No. 1416/2023 be altered or modified to the extent of her request for interim maintenance of Rs.45,000/- filed under section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “D.V. Act”), while the Criminal Revision No. 3994/2024 has been filed by respondent/husband-Lakshya Soni to set aside the impugned order with alternative request that the amount of interim maintenance granted, be decreased. Further, the wife-Radhika will be addressed as petitioner while husband -Lakshya will be addressed as respondent.

4. Brief facts of the case are that the marriage of the parties was solemnized on 4.5.2017 as per the Hindu Rites and Rituals. The petitioner (in CRR 3528/2024) started to reside in her matrimonial house along with her in-laws, wherein her husband and his family members started harassing and torturing her for not fulfilling their demands of dowry. Due to not fulfilling the demand, the petitioner was compelled to live separately.

5. Learned counsel for the petitioner/wife (in CRR No.3528/2024) has pleaded in his arguments that the learned trial Court as well as Appellate Court have committed grave illegality in awarding lesser maintenance in favour of wife. The petitioner was compelled to live separately. The petitioner is liable to get maintenance as per family status of the respondent, being a wife, she has started to live separately because of mental and physical cruelty committed by the respondents. It is further submitted that the amount of maintenance awarded by learned Family Court is a meagre amount. The respondent is having Wagon-R and he is also owner of three houses, also getting rent from the houses. He has a degree of Ph.D. Hence, the petitioner prayed that the petition filed by her may kindly be allowed and impugned order dated 14.5.2024 may kindly be set aside and order dated 2411.2023 passed in MJCR No. 1416/2023 may be modified and she may be awarded maintenance as prayed in the application filed by her.

6. The aforesaid facts were denied by the petitioner-husband (CRR No. 3994/2024) in his reply to the application by stating that his wife herself is competent lady, She is earning by doing job of teacher as she is having M.Com Degree. No solid documents regarding Ph.D. degree of husband, is filed by the other side. It is submitted that the wife is living separately without any cogent reason, and therefore, she is not entitled for maintenance from her husband. It is further submitted that the respondent has received one house from his grandmother as a Gift Deed and due to some dispute, a Civil Suit has also been filed for the said house. Certainly, the car (Wagon-R) belongs to the respondent, but that is being used by the petitioner as well as rent is also being received by her from the house, which was purchased by mother of the respondent by the amount of Provident Fund. There is nothing on record regarding the fact that she is not earning anything and non availability of such pleading itself is sufficient that she herself is an earning lady. It is settled position of law that the proof of burden is first placed upon the wife to prove that the means of her husband are sufficient and she is unable to maintain herself. On these grounds, counsel for the husband prayed allowing of the petition (CRR No. 3994/2024) filed by him.

7. I have heard the counse