Ravindra Kumar Agrawal, J
1. The present Revision Petition has been filed by the applicant against the order dated 14.02.2024 passed by learned Second Additional Principal Judge, Family Court, Raipur District - Raipur passed in Criminal Case No. 418 of 2023, whereby the application filed by the respondent/wife for grant of interim maintenance has been partly allowed and amount of Rs. 5,000/-per month has been granted in her favour as interim maintenance from the date of filing of the application i.e. 21.04.2023 till the final decision of the case.
2. Brief facts of the case are that the marriage between the parties have been solemnized on 22.06.2022 as per the Hindu Rights and Customs. The respondent/wife is residing with her parents since 15.02.2023 and thereafter she filed her application under Section 125 of Cr.P.C. before the learned Family Court on 21.04.2023 in the application she has pleaded that on 20.02.2022 her engagement was performed with the present petitioner. After her engagement, the present petitioner and his family members raised various issues and tried to revoked the engagement and after the intervention of the well wishers of the family and after assurance given by the parents of the petitioner, marriage between them is solemnized. After the marriage, the respondent/wife was being harassed by her husband and in-laws for demand of dowry, she was not permitted to visit her parents house and she visited her parents house only ones i.e on 11.07.2022. When she was in her parents house her in-laws have demanded the golden ornaments and when she returned from her parents house on 13.08.2022 she was beaten by her husband and her in-laws due to non-fulfillment of their demand. She was not permitted to use her mobile phone and her mobile phone has also taken by them. On 17.10.2022, when her parents went to the matrimonial house of the respondent, only after altercation with the in-laws of the respondent, they have permitted to meet her. She raised the allegation of harassment given by her husband and in-laws in the application filed under Section 125 of Cr.P.C. alongwith the application 125 of Cr.P.C., she has also filed an application for grant of interim maintenance and litigation expenses and claim of Rs. 1,50,000/- per month as interim maintenance in her application. She averred that she was being harassed by her husband and in-laws, she was not having any source of income, her husband is having gold and silver jewellery business and earning Rs. 5,00,000/- per month and therefore, she claimed 1,50,000/- per month as interim maintenance.
3. In the reply filed by the present petitioner before the learned Family Court he denied the allegation of harassment levelled by his wife and have submitted that he or his family members have never harassed the present respondent for any reason. While denying the allegation of contents of the application, the present petitioner have further submitted that his maternal aunt who is having dispute with his father with respect to the family property, she used the present respondent as a tool to satisfy her grievance. She provoked the parents of the respondent and on her instance the parents of the respondent had moved an application before the Sub Divisional Magistrate, Nagri, under Section 97 or 98 of Cr.P.C. Based on it, the parents of the respondent/wife have taken her with them forcefully. The respondent/wife does not want to leave her matrimonial house and she was living happily and the same statement has been made by her before the Sub Divisional Magistrate also. The respondent/wife had never harassed by the present petitioner or his family members. He would further submit that the petitioner/husband is not having any gold and silver ornament shop and is not earning Rs. 5,00,000/- per month whereas the brother of the respondent/wife is having gold and silver ornaments shop. It is also submitted by him that he is earning Rs. 8,000/- per month by serving at A.S. Infratech. The respondent/wife is also earning Rs. 1,000/-per day from the Mehndi Art. She is an earning member and having sufficient means of her livelihood. She is residing with her parents without any sufficient reasons and therefore, she is not entitle for any interim maintenance.
4. After hearing the parties, the learned Family Court has partly allowed the application filed by the respondent for interim maintenance and awarded Rs. 5,000/- per month as interim maintenance till the disposal of the case payable from the date of order i.e. 14.02.2024. This order is under challenge in the present petition.
5. Learned counsel for the petitioner would submit that the respondent/wife has left her matrimonial house on her own will and without any sufficient reason. She herself made statement before the S.D.M that she was not confined by her husband or in-laws. The allegation of harassment and demand of dowry is after thought and there is no evidence prima facie with that respect. He would further submit that the learned Family Court without appreciating the income of the petitioner/husband has passed the order impugned. He also submit that in view of the judgment passed by the Hon’ble Supreme Court in the matter of Rajnesh vs. Neha, (2021 (2) SCC 324), the learned Family Court ought to have passed the order considering the status of the parties, their income and liabilities upon them but without appreciating the above conditions the impugned order has been passed. He would relied the judgment passed by the Hon’ble Supreme Court in the matter of Dev Narayan Halda vs Anushri Halda reported in 2003 Vol-11 SCC 303 and have submitted that the respondent wife is residing with her parents and left her matrimonial house without any sufficient cause is not entitle for any grant of maintenance amount therefore, the impugned order of grant of interim maintenance is liable to be set aside.
6. I have heard learned counsel for the petitioner and perused the documents annexed with the petition.
7. Present petition is filed against the order of grant of interim maintenance amount and consideration of the application under Section 125 of Cr.P.C. is still pending before the learned Family Court. The learned Family Court after considering the status of the parties, liability upon the petitioner/respondent, requirement of day-to-day expenses as also considering the facts and circumstances of the case awarded Rs. 5,000/-per month towards interim maintenance to wife. The income of the petitioner/husband as well as the respondent/wife requirement of day-to-day expenses and liability upon the parties all to be decided by the learned Family Court. After due appreciation of evidence which is to be led during the trial the quantum of maintenance always lies with the discretion with the learned trial Court and the said discretion can not be interfere with, unless and until it is shown as arbitrary and capricious. At this stage, any observation made by this Court in the quantum of interim maintenance or the liability upon the parties may prejudice the ultimate outcome of the application filed under Section 125 of the Cr.P.C. by the respondent.
8. No infirmity is found in the impugned order passed by learned Family Court while granting interim maintenance to the respondent and therefore, the present Criminal Revision is liable to be and hereby dismissed. However, the learned Family Court is directed to expedite the trial of the case.
9. A copy of this order be sent to the learned Family Court for compliance and necessary action.
