VIKAS JAIN Vs. DEEPALI ALIAS AYUSHI JAIN

JUDGEMENT

(1.) This criminal revision has been preferred against the judgment and order dated 4.9.2002 passed by the Principal Judge, Family Court, Haridwar in Case No. 66/2002, Deepali Jain v. Vikas Jain u/s 125 CrPC, whereby the Principal Judge, Family Court has allowed the said application of wife/respondent and awarded the consolidated maintenance of Rs. 5000/- per month for the respondent and her minor son with effect from the date of making the said maintenance application i.e. 22.5.2000.

(2.) Briefly stated facts of the case are that the respondent moved an application with the averments that she was married to the revisionist as per Hindu rites on 21.11.1996 and her parents had given dowry according to their status. A son born out of the said wedlock on 26.2.1998. Revisionist and her in-laws were not happy with the dowry given in the marriage and they demanded Rs. 50,000/- as well as some other articles like TV, fridge, scooter etc. They started harassing the respondent for dowry. She was also abused and beaten. Ultimately, the respondent was ousted from the house of her in-laws on 5.3.2000. They also did not return her stridhan. Subsequently she suffered paralytic attack and became handicapped. With these averments, she moved the aforesaid application claiming maintenance of Rs. 5000/- per month for herself and her minor son by stating that she is handicapped and she is unable to maintain herself and her minor son, whereas the revisionist earns Rs. 20,000/- per month through marketing business and he has got no other responsibility.

(3.) After hearing learned Counsel for the parties and after appreciating the evidence on record and considering the facts and circumstances of the case, learned Principal Judge, Family Court allowed the aforesaid application of the respondent and directed the revisionist to pay the maintenance of Rs. 5000/- per month for the respondent and her minor son with effect from the date of making the said maintenance application. Being aggrieved, the revisionist has preferred the present revision before this Court.