P.K.LOHRA,J. - (1.) Petitioner has preferred this revision petition under Section 19(4) of the Family Courts Act, 1984 read with Section 397/401 Cr.P.C. against impugned order dated 20th of February 2017, passed by learned Judge, Family Court, Hanumangarh (for short, 'learned Family Court'). By the impugned order, learned Family Court has partly allowed the application of respondents No.2 and 3 under Section 125 Cr.P.C. for grant of maintenance and quantified the amount to the tune of Rs.4,500/- per month to respondent No.2 and Rs.2,500/- per month to respondent No.3 from the date of filing of the application, i.e., 28.04.2014.
(2.) Facts, in brief, are that respondent No.2 wife filed an application claiming maintenance for herself and son from petitioner under Section 125 Cr.P.C., before learned Family Court stating therein that marriage between petitioner and respondent No.2 was solemnized on 26.01.2004 at Bishnoi Dharmshala, Bikaner and Vishambar Dayal was the mediator in the marriage. It is averred that after marriage both husband and wife lived at Bikaner but the in-laws were not happy by Stridhan and used to beat and harass her despite the fact that her parents had given dowry beyond their capacity. On the occasion of birth of son Ishan also lot of things were given still the in-laws were not happy and harassed and tortured her even more. Husband Narendra even tried to kill son Ishan by chocking throat and on 20.04.2014 she was badly beaten and given knife blows on which FIR No.70/2014 was got registered at Mahila Thana, Bikaner for Sections 498A, 323, 34 I.P.C. The application further recites that husband and in-laws also made her to drink Bhabhoot (ash) to disturb her mental balance. It is further averred that lastly the inlaws thrown her out of matrimonial house telling her that without more dowry she has no place in the house and since then she is living at Hanumangarh with her parents. In entirety, the applicant-wife in the application has brought to the fore the cruel behaviour of husband and in-laws subjecting her to physical and mental cruelty. It is averred in the application that applicant has no source of income to maintain herself and son Ishan. It is stated that husband is having immovable properties at Khajuwala, Kolayat and Bikaner and also earning handsome amount of about Rupees one lakh from his profession but he is not maintaining wife and son and thereby denying discharge of his legal obligation. With these averments, the applicants prayed for maintenance of Rs.5,000/- for each one of them totalling to Rs.10,000/- per month.
(3.) The present petitioner-husband filed reply to the application and denied the averments contained therein except solemnization of marriage with respondent No.2 Kalpana and birth of respondent No.3 Ishan. It is averred that applicant-wife is a quarrelsome, jealous, aggressive and stubborn lady and always created a clamorous atmosphere in the family and had not properly discharged her marital obligations and once even gave a blow of knife to kill him which struck on his left hand and pushed him due to which he fell down and sustained injury on his left shoulder. A report of that incident was lodged at Police Station Sadar bearing FIR No.156/14 and the police after investigation filed charge-sheet for offence under Sections 341, 323, 109/34 IPC. As regards the report filed against him, it is averred in the reply it was done so by the applicant to save herself from her criminal deeds. It is further averred that applicant-wife is post-graduate who has also completed professional course and is presently earning Rs.15,000- 20,000 per month from tuition which is sufficient for maintaining the applicants and in addition to that she earns Rs.5,000 to 10,000 per month by tailoring work. With these averments the non-applicant husband prayed for rejection of the application.;