ORDER

This revision petition has been filed by the applicant u/S 19(4)

Family Courts Act, 1984 (hereinafter referred as Act 1984) r/w S. 397 and

401 of Cr.P.C., against the order dated 11.11.2022 passed by II Additional Principal Judge, Family Court, Indore, M.P. in Miscellaneous criminal case No.578/2016, whereby the learned trial Court has partly allowed an application u/S 125 of Cr.P.C. and awarded Rs.10,000/- per month maintenance to the respondent/wife from the petitioner/husband.

2. It is an admitted fact that the marriage of the petitioner/husband is solemnized with the respondent/wife as per Hindu ritual and rites on 22.03.2015. It is also admitted that in the case of HMOP No.464/2016, the Additional Family Court, Coimbatore allowed a petition u/S 13(1)(i-a) of the Hindu Marriage Act, 1955, filed by the husband and granted ex-parte decree of divorce between the parties on 14.12.2016, on the ground of cruelty by wife.

3. Facts giving rise to this case are that the respondent/wife during pendency of divorce petition at Family Court, Coimbatore, had filed an application for maintenance u/S 125 of Cr.P.C., stating that few days after the marriage, the petitioner had started to harass the respondent/wife and started to demand Rs.10,00,000/- as dowry and on non-fulfillment of demands, he had started to physically assault her. He did not use to let the respondent/wife talk to her parents and used to tell her that she is ugly. Respondent/wife, in order to save the relation, had borne all the cruelty caused upon her but the petitioner/husband’s behavior did not improve. The petitioner/husband used to get messages and calls from other girls on his phone and when the respondent/wife used to object for the same, he used to harass her. One year before the filing of maintenance application, the petitioner/husband had got the respondent/wife out of his house. Since then, she has been living in a rented room and the petitioner/husband has not arranged anything for her. Respondent/wife is dependent on her father and has no source to maintain herself. While the respondent is working as Botanical Scientist at Botanical Survey Of India from where he receives a monthly salary of Rs.50,000/-. Therefore, she prayed to be given a monthly maintenance of Rs.25,000/- from the petitioner/husband.

4. Husband, in his reply denied all the averments made in maintenance application except the admitted facts and pleaded that the husband had neither demanded any amount as dowry from the wife nor had harassed or subjected her to cruelty for the same. He further submitted that he is posted as Assistant Scientist at Biological Survey Of India from where he receives a good sum of money and he possesses good character. The wife voluntarily had left his company without any reasonable cause. It was also pleaded that the wife used to physically assault him and abuse him and his family members. She is stubborn and insane. Husband had not got her out of his house. It is also pleaded that the wife used to have obscene talk with a man named Chetan Pathak at night hours on her mobile phone. She was indulged in adultery with Chetan Pathak and she wanted to reside with him. At current as well, she is residing with him at Bhopal. The wife has obtained Ph.D. and is currently having a job. Therefore, she is not entitled for maintenance from the husband.

5. Respondent/wife D. Asha examined herself as PW-1 and her friend Supriya Bisen (PW-2). The petitioner examined himself as DW-1.

6. The learned trial Court after considering the evidences adduced by the parties found that the respondent is divorced wife of the petitioner/husband. She is unable to maintain herself. While the petitioner is a Government Servant and earns Rs.69,000/- per month. Therefore, petitioner/husband has all the sufficient means and is able to maintain the respondent/wife. The trial Court further found that the respondent/wife had sufficient cause to stay apart from her husband. Therefore, she is entitled f