Order on Board

20.8.2018

1. With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

2. This revision has been preferred by the husband against the wife being aggrieved by the impugned order dated 27.1.2018 passed by the Family Court, Raipur in M.J.C. No.254 of 2011 allowing the application under Section 125 of the Cr.P.C. preferred by the Respondent/wife and granting her monthly maintenance of Rs.4,000/- and further ordering the Applicant/husband to pay/refund the amount of stridhan of Rs.1,50,000/- within one month from the date of the impugned order.

3. Learned Counsel appearing for the Applicant/husband submits that the Respondent/wife is residing separately from the Applicant/husband without sufficient cause. Earlier the Applicant was convicted under Section 498A of the IPC, but in appeal, he has been acquitted of the charge. Thus, it is clear that the Respondent/wife has no reasonable cause to reside separately from the Applicant/husband. He further submits that in the proceeding under Section 125 of the Cr.P.C., refund of the amount of stridhan is not permissible. Thus, the order of the Family Court is against the law. He further submits that