Order on Board

08/04/2025

1.

The present criminal revision has been filed by the petitioner under Section 19(4) of the Family Courts Act, 1984 read with Sections 397 and 401 of CRPC against the impugned order dated 10.05.2024, passed by learned Family Court, Manendragarh, District Korea Digitally signed by VEDPRAKASH VEDPRAKASHDEWANGAN DEWANGAN Date:

2025.04.23

1 +6 0: 55 32 0:15 (C.G.), in MCRC No. 170 of 2021, whereby an amount of Rs.

20,000/- per month has been granted in favour of the respondent/ wife as maintenance amount, which is payable from the date of application i.e. from 20.12.2021.

2.

It is admitted fact in the case that the marriage between the parties have been solemnized on 30.09.2015 at Manendragarh as per their rites and rituals.

3.

The brief facts of the case are that after the marriage, the respondent/wife started residing at her matrimonial house at village Islampur. At the time of their marriage, the parents of the respondent/wife had given sufficient dowry articles to her. It is alleged that the respondent/wife was being harassed by the petitioner/husband and his family members for demand of dowry and thereafter dispute between the parties started for one or other reasons. The petitioner/husband is a Software Engineer and was in job at Pune. He obtained divorce from his first wife. He regularly used to take money from the respondent/wife. He also pressurized for encashment of the fixed deposit of Rs. 10 Lakhs and demanded money from her. On 27.07.2016, she had gone to Bokaro, but none of his family members have given any attention to her rather, they started demanding money from her. Looking to their behaviour with the respondent/wife, her father took her back to his house, where the respondent/wife had lodged a report under Section 498-A of IPC against the petitioner/husband and his family members. On 20.12.2021, the respondent/wife has filed an application under Section 125 of CRPC for grant of monthly maintenance amount of Rs. 30,000/- from the petitioner/husband. It is averred in the application that due to the harassment given by the petitioner/husband and his family members; she is compelled to reside separately. She is not having any source of income and is a house maker. She is unable to maintain herself and studying for fashion designing, whereas the petitioner/husband is employed as Software Engineer at Hyderabad and earning Rs. 1,25,000/- per month as his salary and therefore, she claimed Rs. 30,000/- per month as maintenance amount.

4.

Replying the application filed by the respondent/wife, the petitioner/ husband has averred in his reply that after the marriage, the respondent/wife resided in her matrimonial house only for 15-20 days and thereafter, she went back to her parents’ house. Whatever articles given by the parents of the respondent/wife, has been given by them as the gift articles at the time of marriage. The golden ornaments, which the respondent/wife received at the time of marriage are still with her. Since, the mother of the petitioner/husband was admitted at Medanta Hospital, Ranchi, after marriage ceremony of the brother of the petitioner/husband, they came back to Ranchi for her care. Since, all the family members were resided jointly, all the domestic works were also done by the family members accordingly. The respondent/wife was not interested in living with the petitioner/husband in the joint family and to create a ground for separation, she disclosed that she received burn injuries in her matrimonial house, whereas during the cooking of food, the minor blisters were formed due to the hot oil. The petitioner/husband had tried to keep her happy and spent huge amount in their tourism. He also given lot of money to her for her personal expenses. The petitioner/husband had invested amount in Monetary Advisory Company from which the dividend was regularly receiving by the respondent/wife up to 2019 and thereafter the said company was closed without paying any amount to the depositors. It