RASHMI JAIN Vs. ADISH KUMAR JAIN

JUDGEMENT

(1.) BOTH these revisions, are directed against the judgment and order dated 30.07.2008, passed by Judge, Family Court, Haridwar in case No. 181 of 2004, whereby said court has partly allowed application under Section 125 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), directing Adish Kumar Jain to pay Rs. 5,000/- per month, as mainte­nance to his minor son Ayush Jain. The said court has dismissed the application under Section 125 Cr.P.C., for mainte­nance to Rashmi Jain (wife of Adish Kumar Jain) and major son Aman Jain.

(2.) HEARD learned counsel for the par­ties and perused the papers on record.

(3.) ADISH Kumar Jain, contested the application, moved under Section 125 Cr.P.C., by his wife and sons, before the trial court. However, he admitted that he got married to Rashmi Jain on 28.11.1983, and the fact that the two sons namely, Aman Jain and Ayush Jain, were born out of the wedlock. It is pleaded by Adish Kumar Jain that the ap­plication under Section 125 Cr.P.C., has been moved to harass him. He denied that he ever made any demand of dowry, or harassed his wife for non fulfilment of demand of dowry. It is pointed out by him, in his written statement, before the trial court, that criminal case No. 1687 of 1990, State Vs. Adish Kumar Jain and others, was instituted by his wife-Rashmi Jain, relating to offences punishable un­der Section 498A I.P.C. and one punish­able under Section 3/4 Dowry Prohibition Act, 1961. However, the court after re­cording evidence, found that no charge was proved against the accused Adish Kumar Jain and others, and acquitted them of the charge. He further pointed out that Rashmi Jain is M.A., B.Ed, and she is earning Rs. 10,000/- per month by doing tuition etc. and is able to maintain herself. He also pleaded that elder son Aman Jain is major and doing his busi­ness, as such, not entitled to any main­tenance. It is alleged in the written state­ment by Adish Kumar Jain that his wife did not perform the matrimonial obliga­tions, and her behaviour had been negligent towards him. It is pleaded by him that his carry home salary is Rs. 13,606/- per month. Lastly, it is pleaded by him that he is ready to keep his wife and chil­dren with him.