JUDGMENT & ORDER (CAV)

(Sanjeev Kumar Sharma, J)

Heard Mr. H. Betala, learned counsel for the petitioner and Mr. S. Parashar, learned counsel for the respondent.

2. This revision is directed against the order dated 23.10.2024 passed by the learned Principal Judge, Family Court No. III, Kamrup(M), at Guwahati in F.C(Crl.) Case No. 76/2020 directing the petitioner to pay an amount of Rs. 10,000/- (Rupees Ten Thousand) per month to the respondent and her children w.e.f- 18.02.2020.

3. The respondent/wife had filed an application under Section 125 of the Code of Criminal Procedure, 1973 before the Court of learned Principal Judge, Family Court No. III, Kamrup(M) at Guwahati being F.C (Crl.) Case No. 70/2020 on 18.02.2020 praying for order of maintenance in favour of the respondent and her minor daughter.

4. The petitioner/husband has also filed a case for restitution of conjugal rights before the Family Court, Principal Judge-I, Kamrup (M) on 22.02.2019 being registered at F.C (Civil) Case No. 154/2019 and the same was allowed on contest and decreed in favour of the instant petitioner/husband vide judgment & order dated 12.04.2023.

5. The respondent/wife’s case before the learned Court below in brief was that on 22.02.2016, her marriage with the petitioner/husband was solemnized as per Hindu rites and rituals. Out of their wedlock, one female child was born to both the parties on 30.11.2016. It was the allegation of the respondent wife that after few days of her marriage, she noticed that the petitioner husband is addicted to drugs and is a habitual consumer of Ganja and used to misbehave with the respondent on small issues. The respondent wife got pregnant after one month of marriage and during pregnancy the petitioner husband along with his mother tortured the respondent wife by saying un-parliamentary words, not providing any good food to her and on several occasion kept the respondent wife under starvation.

6. Various other allegations were made against the present petitioner husband including physical assault and also of having taken money from the father of the respondent wife for construction of an RCC building in the land owned by the petitioner. On 06.09.2017, the mother of the respondent wife went to the house of the respondent wife to bring the respondent wife for some days due to Puja but the petitioner husband did not allow the respondent wife to come with her mother rather the petitioner husband had badly beaten the respondent wife and thrown her out of his home and locked it from inside and finding no alternative, the mother of the respondent wife took her to their home leaving all Stridhan articles, ornaments, clothes, etc. at the house of the opposite party. The respondent wife even lodged an First Information Report (FIR) against the petitioner husband and his mother before the Dispur Police Station.

7. It was the further claim of the respondent wife before the learned family court that the present petitioner husband was earning an income of Rs. 50,000/- per month from all sources besides, having landed property, and a vehicle and other businesses, whereas the respondent wife had no source of income and accordingly, she prayed for monthly maintenance of Rs. 20,000/- for herself and the minor child.

8. The petitioner husband appeared and submitted a written statement after failure of counseling and denied the allegations made against him. He further claimed to have provided all necessary care to his wife and child after the birth.

9. It was further averred that on 06.09.2018, the petitioners husband along with the respondent wife and child went to his in-laws’ house, but his father-in law did not allow the respondent wife to return with him and asked him to become a “Gharjuwai”.

10. It is the further stand of the petitioner husband that he is a driver by profession who drives a drinking water vehicle and does not have a government job having regular remuneration and earns only Rs. 6,000/- per month. It was further