ISHPAL SINGH 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.) r/w Section 19 of the Family Courts Act, 1984, is directed against the judgment and order dated 10.07.2007 passed by the Additional Family Court Judge, Roorkee in Case No.58/2005, Smt. Karuna Vs. Ishpal.

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

(3.) In brief the facts of the case are that revisionist was married with respondent no.2 on 23.6.1987 and out of the said wedlock, three children were born. After some days of marriage, everything was normal but thereafter the revisionist and his family members started harassing the respondent no.2 for getting lesser dowry. The behaviour of the revisionist against the respondent/wife was cruel and he used to oust her from the house, however her parents used to send her back. Ultimately in February 2006 he ousted respondent no.2 and her children from the house and did not come back to take her. Further her parents are the poor persons and unable to maintain the respondent no.2 and her children. On 19.4.2006 the revisionist forcefully took his daughter Antara from the respondent no.2. On the one hand it is stated that the respondent no.2 is unable to maintain herself while on the other hand, the revisionist was shown to be having Flour Mill, agricultural land and also having income by selling milk and total income was shown as Rs.15000/- per month. As such Rs.2000/- for herself and Rs.1500/- for her two sons, in total Rs.3500/- per month was sought as maintenance. The revisionist also filed his written statement before the court below. Vide judgment and order dated 10.7.2007, the court below allowed the application and directed the revisionist to pay Rs.1500/- per month (Rs.500/- for herself and Rs.500/- each for her two sons) as maintenance to respondent no.2. Hence this revision.