Seema Das vs Manoj Kumar

Ramesh Sinha, CJ

This criminal revision has been filed by the applicant being aggrieved with the impugned order dated 27.10.2021 passed by the learned Family Court, Surajpur, District - Surajpur (C.G.) in Miscellaneous Criminal Case No.92/2020, whereby the learned Family Court has rejected the application of the applicant filed under Section 125 of Cr.P.C.

The brief facts of the case is that the applicant filed an application under Section 125 of the Cr.P.C. before the learned Family Court, Surajpur, stating that she was married to the respondent about 10 years ago. After the marriage, the respondent and his family members subjected her to cruelty and harassment for dowry, including physical assault, and eventually ousted her from the matrimonial home. Although she lodged a complaint with the police, no action was taken, leading her to file a private complaint before the Judicial Magistrate, Surajpur, which was registered as Criminal Case No. 208/2012 and subsequently dismissed. The applicant further stated that she is residing with her parents and has no independent source of income, whereas the non-applicant is employed with SECL, Bishrampur Area, earning a monthly salary of ₹80,000, but is not providing any financial support. Hence, she sought maintenance. In response, the respondent denied the allegations and contended that the applicant is residing separately without any justifiable reason and is therefore not entitled to maintenance. After hearing both parties, the learned Family Court, by order dated 27.10.2021, dismissed the application on the ground that the applicant is living separately without sufficient cause. Hence, this revision petition.

Learned counsel appearing for the applicant submits that the impugned order dated 27.10.2021 is bad in law, perverse, arbitrary, and erroneous, and therefore liable to be set aside. The learned Family Court has erred in rejecting the application under Section 125 of the Cr.P.C. on the ground that the applicant is living separately without any reasonable cause. It failed to appreciate that the applicant has always been ready and willing to reside with the respondent, but was forcibly ousted from the matrimonial home. The respondent made no effort to reconcile or bring her back. Moreover, after ousting the applicant, the respondent contracted a second marriage without obtaining a decree of divorce from a competent Court, which itself constitutes sufficient cause for the applicant to live separately. The learned Family Court also overlooked the fact that the applicant’s father has passed away and she is currently residing with her brother, without any independent source of income. Despite the respondent being employed with SECL, Bishrampur Area, and earning a salary of ₹80,000 per month, he has not provided any financial support to the applicant. As the legally wedded wife, the applicant is entitled to maintenance. The Family Court failed to properly appreciate the documents and evidence produced before it, resulting in a miscarriage of justice.

On the other hand, learned counsel for the respondent opposes the submissions made by the learned counsel for the applicant and submits that the Family Court after considering all the documents and evidence adduced by the parties has passed the order, in which no interference is called for.

I have heard learned counsel for the parties, perused the pleadings and documents appended thereto.

From the perusal of impugned order, it transpires that the reason stated by the applicant/wife for living separately from the respondent/husband has not been substantiated by her. On the other hand, it is shown that the respondent has made efforts to bring the applicant back to reside with him. Therefore, the applicant does not have any just and sufficient cause to live separately from the respondent. As such, there is no illegality and infirmity while passing the impugned order and the same warranting no interference by this Court.

Considering the submission advanced by the learned counsel for the parties and also considering the finding recorded by the learned Family Court, I do not find any illegality or infirmity in the impugned order passed by the learned Family Court.

Accordingly, the present revision being devoid of merit, is liable to be and is hereby dismissed.

Let a copy of this order be transmitted to the trial Court concerned forthwith for necessary information and compliance.