VIRENDRA KUMAR ALIAS KUKKU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision, preferred under section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the order dated 15.4.2009 passed by Judge, Family Court, Camp Kashipur, Distt. US Nagar in Recovery Case No.298/2007, Smt. Kusumlata & another Vs. Virendra Kumar @ Kukku, whereby the Judge, Family Court sentenced the revisionist for twelve months' simple imprisonment for not paying the maintenance for 24 months.

(2.) Heard learned counsel for the parties and perused the entire material available on record.

(3.) In brief, the facts of the case are that respondent no.2 had filed an application u/s 125 Cr.P.C. for maintenance of herself and her minor daughter. The Family Court vide its order dated 5.10.05 granted maintenance @Rs.1500/- per month to the wife and Rs.700/- per month to her daughter. A total amount of Rs.2200/- was awarded to the mother and the daughter from the date of filing of the application. When the revisionist did not comply with the aforesaid order and did not pay the maintenance amount, hence she moved an application u/s 125(3) Cr.P.C. for recovery of Rs.53170/- against the revisionist. The revisionist stated before the trial court that he could not pay the aforesaid amount because he was in jail in another case instituted by his wife. However, on the said application, the trial court vide the impugned order awarded sentence of twelve months' simple imprisonment against the revisionist because of non-payment of the maintenance amount, which in total amounted to Rs.53,710/-. Hence this revision.