The court affirmed that a husband has a legal obligation to maintain his wife and child, even if the wife has some income, particularly in cases of maltreatment.

ORDER

This revision petition is directed against the order dated 07/08/2024 (Annex.-A/1) passed by Principal Judge, Family Court, Indore in MJC No.1699/2022, whereby application for maintenance filed under Section 125 (1) of Code of Criminal Procedure, 1973 (hereinafter for short referred as, ' Cr.P.C .') filed on behalf of the applicants / wife and daughter has been dismissed.

02. It is not in dispute that applicant Smt. Divya Murjani (Balwani) was married to the respondent Bharat Murjani as per rituals on 20/01/2019 and Signature Not Verified Signed by: TEJPRAKASH out of their wedlock applicant No.2 Krisha is born. (It is also not in dispute that in the impugned order at Page 13 to 15, para 29 to 33 have been mentioned and from page 16 again the para 30 and 31 are repeated)

03. Applicant has levelled allegations in the application that respondent was having illicit relationship with the other women before marriage and he continued to be in direct contact with the aforesaid girlfriends. He is a person of criminal tendency and is involved in gold, mobile and liquor smuggling. He continued to threaten applicant for implicating her. After marriage, she was not allowed to go anywhere and she was kept under house arrest. She was continuously harassed for demand dowry. Respondent after consuming liquor used to beat her at the behest of his parents and sisters. She was not allowed to take proper treatment when she became pregnant and when she gave birth to a girl child, she was harassed about who will bear her daughter’s expenses. She has further alleged that her father-in-law would inappropriately touch her lower back with bad intentions. She was maltreated on raising objections. She was sent to her parental house in February, 2021 and after that respondent / husband did not care for her and her daughter and continued demanding Rs.10 Lakhs and 10 tola gold with a car. Due to this ill treatment she went in depression.

3.1 It has been further pleaded that she is not doing any working therefore, having no independent income, whereas the applicant is doing Tours and Travels Business and thereby earns Rs.2 Lakhs per month. He also earns Rs.1 Lakh per month by keeping house, gold and other properties on mortgage and lending money at interest. On these miscellaneous submissions, applicants urges the Court for allowing an amount of Rs.50,000/- per months towards maintenance for her and her daughter for dignified living.

04. Respondent refuted all the allegations in reply to the petition. He further submits that no illegal demand has ever been made and / or she has been even maltreated. Rather the applicant No.1 was threatening to commit suicide and implicate her in laws. In Pre-COVID period he was doing business of Tours and Travels along with his father but after that business came to close and now he is working as Travel Agent with meager income of Rs10000/- per month. She has lodged domestic violence case on false grounds against the him. Applicant No.1 is employed in some big Company and is earning reasonably good amount as she is highly educated B.Com. graduate. She can properly maintain herself. She is residing away from the respondent from August, 2021 without sufficient reasons and on false Signature No