RENU BALA 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 23.07.2007 passed by the Additional Family Court Judge, Rishikesh in Case No.25/2004, Smt. Renu Bala Vs. Vikram Singh.

(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.3 Vikram Singh on 18.5.2003 as per Hindu RITES and her father gave dowry beyond status but soon after the marriage she was subjected to mental and physical harassment by the respondent no.3 and his family members due to demand of Rs.2.00 lacs and a Maruti Car in dowry and this attitude also continued during her pregnancy as a result of which she came into depression and on 5.2.2004 her abortion was done. When she again became pregnant, the behaviour of respondent no.3 was more cruel and somehow on 2.10.2004 she somehow came at her parental house and since then she is residing there and having unable to maintain herself. The respondent no.3 and his father have a Furniture Showroom from where monthly income is Rs.50,000/- per month, as such Rs.10,000/- per month was sought as maintenance. The respondent no.3 also filed his written statement and denied the contents made in the application u/s 125 Cr.P.C. Vide judgment and order dated 23.7.2007, the court below allowed the application and directed the respondent no.3 to pay Rs.1500/- per month as maintenance to revisionist. Hence this revision by wife for enhancement.