ROSHAN SINGH RANA Vs. KASTURWATI

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.) r/w Section 19(4) of the Family Courts Act, 1984, is directed against the judgment and order dated 26.11.2009 passed by Judge, Family Court, Udham Singh Nagar in Misc. Criminal Case No.299 of 2007, Smt. Kasturvati and another v. Roshan Singh, whereby the learned Judge allowed the application moved by respondent no.1 u/s 125 Cr.P.C. and directed the revisionist to pay maintenance at the rate of Rs.2,000/- per month to his wife (respondent no.1) and Rs.1,000/- per month to his minor son (respondent no.2) until he attains majority (in total Rs.3,000/- per month) from the date of application i.e. 30.11.2007.

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

(3.) Brief facts of the case are that respondent no.1 got married to the revisionist in February 1989 as per Hindu RITES. It is alleged that for some time after the marriage, the behaviour of the revisionist remained normal with the respondent no.1 but thereafter the revisionist started harassing her physically and mentally for the demand of dowry, however, she continued to bear the same for the sake of her matrimonial life. A male child was born out of the wedlock. It is further alleged that after 15 days of the birth of the child, the revisionist ousted the respondent no.1 along with her child (respondent no.2) from the house for the demand of Rs.50,000/-, T.V. and a Fridge, in dowry. It is alleged that since then the respondent no.1 along with her son/respondent no.2 is residing at her parental house and the revisionist has not paid any heed towards her. It is stated that she is having no source of income and is unable to maintain herself and her son. On the other hand, it is stated that the revisionist is having about 2 or 3 Acres of land, a residential house and also a dairy and from all these resources, he is getting monthly income of Rs.20,000/-. It is also alleged that the revisionist has solemnized second marriage. With these averments, an amount of Rs.10,000/- per month was sought as maintenance allowance by the respondent no.1 for the respondents against the revisionist.