Madhya Pradesh High Court
Smt Jyoti Vishvkarma vs Chandrika Prasad Vishvkarma @ Deepak ... on 1 August, 2018
HIGH COURT OF MADHYA PRADESH : JABALPUR
SINGLE BENCH : JUSTICE MS.VANDANA KASREKAR
CRIMINAL REVISION NO.2939/2017
Smt. Jyoti Vishvkarma and others
Vs.
Chandrika Prasad Vishvkarma
@ Deepak Vishvkarma
Shri Pradeep Kumar Naveriya, learned counsel for
the applicants.
None for the non-applicant.
ORDER
(01/08/2018) The applicants have filed the present revision challenging the order dated 09/10/2017 passed by JMFC, Gram Nyayalaya, Jabalpur in MJC No.21/2013 whereby the trial Court has partly allowed the prayer for maintenance in favour of the applicants.
2. Applicant No.1 has entered into the marriage with non- applicant on 13/02/2006 as per Hindu rites and rituals. In the said marriage, father and mother of the applicant No.1 has given Rs.seven lakh towards dowry. The applicants stated that out of the said wedlock the applicant No.1 has given birth to 2 Cr.R.2939/2017 applicants No.2 and 3. After two years of marriage, non- applicant started harassing to applicant No.1 physically as well as mentally for demand of dowry. The applicants also stated that non-applicant is having illicit relationship with one Khushbulata Kanojiya who is also working in the office of the non-applicant. On 13/02/2013 non-applicant had physically assaulted applicant No.1 and thrown away from the matrimonial home. As per applicants, non-applicant is working in the Office of Commanding Officer, Station Workshop, EME, Jabalpur and is earning Rs.20,000/- per month and he is not maintaining her and her children, therefore, she filed an application under Section 125 of Cr.P.C., claiming maintenance of Rs.5,000/- for herself and Rs.5,000/- each to her children.
3. Non-applicant has filed reply to the said application and denied the allegations made in the application. He submits that applicant No.1 without any sufficient reason is residing separately from him. He denied that any dowry was demanded by him or his parents. He further stated that he had paid Rs.seven lakh to father of applicant No.1 for purchasing duplex and thereafter he requested his father-in- 3 Cr.R.2939/2017 law to execute registered sale deed, but, he refused to register the said sale deed. The Family Court after hearing both the parties and recording the evidence has passed an order dated 09/10/2017 thereby awarding maintenance of Rs.3,000/- to applicant No.1 and Rs.1,500/- each to non-applicants No.2 and 3. Being aggrieved by that order, the applicants have filed this revision.
4. Learned counsel for the applicants argues that the maintenance awarded by the Family Court is on lower side looking to the income of the non-applicant. It is also submitted that the applicants have duly proved the non- applicant is earning Rs.31,214/- per month. He, therefore, prays that while allowing this revision, the amount of maintenance may be enhanced.
5. Nobody appeared on behalf of the non-applicant even though served.
6. Heard learned counsel for the applicants and perused the record.
7. For the purpose of determining the income of the non- applicant, the applicant has produced the pay slip Ex.P/1 before the Court. As per the said pay slip, the income of the 4 Cr.R.2939/2017 applicant is Rs.31,214/- per month. In his cross-examination, the non-applicant stated that after deducting loan amount, he is getting only Rs.14,000/- and his grand-father, mother and two brothers are depended on him. The non-applicant has not produced any document before the Family Court that applicant No.1 is teaching in Private School. Non-applicant is working on the post of permanent labour in the Military Engineering, Jabalpur and for the said purpose, the document has already been filed on record and pay slip of February, 2017 was produced which was admitted document and, according to which, the salary of non-applicant is Rs.31,214/- and after deducting he is getting Rs.25,059/-. On the basis of the evidence, the trial Court has found that the non-applicant is physically fit person to earn the income. On the other hand, applicant No.1 is unable to maintain herself. Thus, looking to the evidence produced for proving the income of the non-applicant, the amount awarded by the Family Court is required to be enhanced.
8. Accordingly, the revision is allowed. The amount of maintenance awarded by the Family Court is enhanced to Rs.5,000/- from Rs.3,000/- for applicant No.1 and for 5 Cr.R.2939/2017 applicants No.2 and 3. to Rs.2,500/- each from Rs.1,500/- each from the date of passing the order. Thus, the order passed by the Family Court is modified accordingly.
(Ms.Vandana Kasrekar) JUDGE ts Digitally signed by TULSA SINGH Date: 2018.08.02 10:29:41 +05'30'