Madhya Pradesh High Court
Ashutosh Khambia vs Smt. Darshna Khambia on 21 August, 2018
HIGH COURT OF MADHYA PRADESH : JABALPUR
SINGLE BENCH : JUSTICE MS.VANDANA KASREKAR
Criminal Revision No.2739/2017
Ashutosh Khambia
Vs.
Smt. Darshna Khambia and Other
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Smt. Shobhna Sharma, learned counsel for the applicant.
Shri Aman Chourasia, learned counsel for the respondent.
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ORDER
(21/08/2018) The applicant has filed this criminal revision against the order dated 31.08.2017 passed in M.J.C. No.506/2016 passed by the Principal Judge Family Court District Bhopal whereby partly allowed the application preferred by the respondents under Section 125 of the Cr.P.C. and awarded maintenance of Rs.6,000/- to the respondent.
2. The respondent has initiated proceeding for maintenance under Section 125 of the Cr.P.C. against the 2 Cr.R. No.2739/2017 applicant on the ground that the marriage between the applicant and the respondent was performed on 29.05.2010 according to the Hindu Rites and Rituals. After performing the said marriage, due to the wedlock, respondent no.1 has given a birth to respondent no.2 on 22.06.2013. After the marriage, for a period of about 6 years, the applicant and respondent no.1 were quarrelly, thereafter the applicant went to her parental house on 12.02.2016 without any reason. The applicant tried to return her matrimonial house but she did not turn down. Respondent no.1 thereafter filed an application under Section 125 of the Cr.P.C. for grant of maintenance. Notice was served on the applicant and he filed the reply to the said application and denied the allegations made therein. The family Court after appreciating the evidence has passed an order dated 31.08.2017 thereby awarding a maintenance of Rs.4,000/- per month to respondent no.1 and Rs.2,000/- to respondent no.2. Being aggrieved by that order, the applicant has filed the present revision.
3. Learned counsel for the applicant submits that 3 Cr.R. No.2739/2017 the amount of maintenance granted by the family Court is on higher side. She submits that respondent no.1 on her own will has left matrimonial house without any sufficient and cogent reason she living in her matrimonial house. The applicant has taken steps for returning her to the matrimonial house but she didn't turn down. She further submits that the applicant has also filed an application under Section 9 of the Hindu Marriage Act for restitution of Conjugal Right before the Court below which is pending for adjudication. She further submits that the applicant is ready to live with respondent no.1 and children. She further submits that the applicant is working as Supervisor in the Akash Furniture's Fabricators and getting salary of Rs.6,300/- per month. She further submits that respondent no.1 in her statement stated that the applicant did not made any demand of dowry from her, neither harass respondent no.1 mentally as well as physically. Thus, in such circumstances, as respondent no.1 is residing separately without any sufficient cause, therefore, she is not entitled to get the 4 Cr.R. No.2739/2017 maintenance and, therefore, the order passed by family Court be set aside.
4. On the other hand, learned counsel for the respondents argues that the order passed by the family Court is just and proper looking to the income of the applicant. He further submits that while passing the impugned order, the family Court has taken into consideration, entire evidence produced by both the parties and after due appreciation of the evidence, the impugned order has been passed. He further submits that the applicant is having M.C.A. Degree and on the basis of his income, the impugned order has been passed which does not call for any interference. In such circumstances, this revision be dismissed.
5. Having heard learned counsel for the parties and perused the record. From perusal of the record it reveals that the non-applicant in her statement has stated that the applicant was harassing the respondent mentally and physically also. She further stated in her statement that the applicant is using abusive language against her 5 Cr.R. No.2739/2017 for dowry, he also abused her mother and father. Thus there were sufficient ground for the non-applicant for residing separately from the applicant. In the present case, the respondents have filed an application under Section 125 of the Cr.P.C. for grant of maintenance. The family Court after recording the evidence has awarded an amount of Rs.6,000/- to the respondents. The said order is challenged by the applicant on the ground that the amount awarded by the family Court is on higher side. The respondent no.1 further stated that she has no source of income, in such circumstances, the respondents are entitle to get the maintenance. So far as, the income of the applicant is concerned, the respondent no.1 has stated that the applicant is a software engineer and earning Rs.50,000/- per month but she has not filed any document to that record. On the other hand, learned counsel for the applicant submits that the applicant is working as Supervisor in the Akash Furniture Fabricators at Indore and his earning Rs.6,300/- per month. In the cross- examination the applicant has admitted that he is having a 6 Cr.R. No.2739/2017 M.C.A. Degree. He also admitted that the document Ex.D-4 which is produced by him for proving his income in the said documents A to A and B to B are blank and Ex.D-4 also not content the GST number and Tin number. he has not also produced any documents to shows that one Sanjay Choudhary is the Director of the said company.
6. From perusal of Ex.D-4 it is clear that the said certificate issued by the Akash Furniture Fabricators, Indore on 18.08.2017 in which he has shown to be working on the post of Supervisor commencing 4th May, 2017 and his earning Rs.6,300 per month. However, as on the said certificate no Tin number or GST number has been mentioned, therefore, the Court has disbelieved on the said documents, as the applicant has M.C.A. Degree and earlier he has already working in C-Deck at Puna, therefore, on the basis of this, the family Court has assessed the income of the applicant as 20,000/- per month.
7. Thus, on the basis of the overall evidence on 7 Cr.R. No.2739/2017 record, the amount of maintenance awarded by the family Court appears to be just and proper, therefore, I do not find any reason to interfere into the said revision.
8. Accordingly, the present criminal revision is hereby dismissed without any order as to costs.
(Ms. Vandana Kasrekar) Judge Tabish Digitally signed by MOHAMMAD TABISH KHAN Date: 2018.08.21 16:26:40 +05'30'