FAROOKH Vs. NAJRA

JUDGEMENT

(1.) Heard learned counsel for both the parties at admission stage.

(2.) This revision petition under Section 397/401 Cr.P.C. is directed against the judgment and order dated 10.10.2012 passed by learned Family Court No. 1, Jaipur(hereinafter referred to as 'the Court below') in Case No. 244/2010, whereby the application under Section 125 Cr.P.C. filed by the respondent-Smt. Najra, wife of the petitioner was partly allowed and the petitioner-husband was directed to make payment of maintenance allowance @ Rs. 2,500/- per month to the respondent-wife from the date of order, i.e., 10.10.2012. Learned Court below further directed that in case the petitioner is paying any maintenance amount in some other proceedings, then the said amount will be adjusted against this maintenance allowance.

(3.) Briefly stated the facts of the case are that the petitioner was married with the respondent in Jaipur on 12.03.1997. The respondent-wife submitted an application under Section 125 Cr.P.C. on 04.06.2010 before the Court below stating therein that after three months from marriage the petitioner and the parents of the petitioner started causing cruelty to the respondent. Their behaviour towards the respondent was not good and they were not satisfied with the work of the respondent. The petitioner used to abuse the respondent. The petitioner used to drink wine and was in company of bad elements. He used to come late in the night and misbehave with the respondent. The petitioner demanded dowry from the respondent, on which, Rs. 2,000/-, Rs. 5,000/- and Rs. 80,000/- were given to the petitioner by the parents of the respondent. The petitioner again demanded Rs. 20,000/-, but the respondent refused to give this amount, then the petitioner started beating her and ousted her on 21.02.2006. It was further contended in the application that the petitioner earns Rs. 15,000/- per month and he may be directed to pay maintenance allowance of Rs. 5,000/- per month to the respondent.