Order on Board

1. This criminal revision has been filed by the petitioner with the following prayer:

“It is therefore prayed that, the Hon'ble Court may kindly be allowed the instant criminal revision and set-aside the impugned order dated 27/02/2026 passed by the learned Second Additional Principal Judge of the Family Court Raipur in M.J.C. No. 63/2022, in the interest of justice.”

2. The facts of the case, in brief, are that the marriage between the present Petitioner and Respondent No. 01 was solemnized on 28/12/2018 at Sambalpur, Odisha in accordance with the customs and rituals of Mohammedan Law and after the Nikah both the parties resided together at Sambalpur and initially led a peaceful matrimonial life. Out of the said wedlock, a daughter namely Aaziya @ Zara Fatima (Respondent No. 02) was born on 06/12/2019. The Petitioner is running a small readymade cloth shop at Sambalpur and from the income earned therefrom he used to maintain and fulfill all the needs and necessities of his wife and daughter. However, after some time of marriage, the Respondent No. 01 started pressurizing the Petitioner to live separately from his aged father and on refusal of the Petitioner, her behavior became rude and quarrelsome and she started creating disputes on trivial issues. Despite repeated efforts made by the Petitioner to save the matrimonial relationship and maintain peace in the family, the Respondent No. 01 continued to ill-treat the Petitioner and his family members and also threatened to falsely implicate them in criminal cases. Thereafter, the Respondent No. 01 lodged a series of false complaints and criminal cases against the Petitioner and his family members before Mahila Thana and Police Station Dhanupali, Sambalpur, which were registered as GR Case No. 3612/2020, GR Case No. 1044/2021, GR Case No. 2592/2021, GR Case No. 2758/2021, GR Case No. 3191/2021, GR Case No. 2591/2021 and GR Case No. 3192/2021 under various provisions of IPC, Domestic Violence Act and Muslim Women (Protection of Rights on Marriage) Act only with a mala fide intention to harass the Petitioner and his family members. On 06/10/2020, the Respondent No. 01 voluntarily left the matrimonial house along with the minor daughter and all household articles and started residing separately and also lodged an FIR under Sections 498-A/506/34 IPC against the Petitioner and his family members. Even thereafter, the Petitioner made sincere efforts to bring her back to the matrimonial home, however, the Respondent No. 01 refused to resume cohabitation unless the Petitioner separated from his old father and started living independently.

3. Thereafter, the Respondent No. 01 initiated further proceedings under the Protection of Women from Domestic Violence Act and also started residing separately at her parental house situated at Raipur along with the minor daughter from the year 2020 onwards. Since all efforts of reconciliation failed and there remained no possibility of reunion, the Petitioner with a heavy heart executed a Deed of Divorce by pronouncing Talaq on 17/03/2021 in presence of witnesses in accordance with Mohammedan Law and after completion of iddat period, the Qazi, Sambalpur issued Divorce Certificate dated 02/07/2021 acknowledging dissolution of marriage between the parties. Thereafter, the Respondent No. 01 filed an application under Section 12 of the Domestic Violence Act registered as CMC (DV) No. 80/2021 wherein the learned SDJM, Sambalpur vide order dated 12/04/2021 directed the Petitioner to pay interim maintenance of Rs. 4,000/- per month, against which the Petitioner preferred Criminal Appeal No. 11/2021 and the learned Sessions Judge, Sambalpur vide judgment dated 13/09/2021 modified the said order and directed payment of Rs. 3,000/- per month along with providing two room accommodation to the Respondent No. 01 at Motijharan area, Sambalpur. Subsequently, the Respondent No. 01 again filed an application under Section 125 Cr.P.C. before the learned