RAKESH MISTRI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS criminal revision preferred under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) is directed against the judgment and order dated 28.5.2010 passed by the Judge, Family Court, Udham Singh Nagar in Criminal Misc. Case No. 34/2008, Smt. Sapna v. Rakesh Mistri u/s 125 CrPC, whereby the Judge, Family Court has allowed the application of Smt. Sapna/respondent no. 2 and awarded her maintenance of Rs. 1300/- per month to be payable by the revisionist by 7th of every month with effect from the date of making the said maintenance application.

(2.) BRIEFLY stated facts of the case are that the revisionisthusband and wife-respondent no. 2 got married to each other on 13.5.2007 as per Hindu rites. Soon after the marriage, the revisionist and his family members started to harass his wife-respondent no. 2 and also beaten her on several occasions and ultimately she was ousted from the house of her in-laws on 23.12.2007 and since then she has been residing in her maternal house. Thereafter wiferespondent no. 2 Smt. Sapna filed a maintenance application under Section 125 CrPC against the revisionist Rakesh Mistri claiming maintenance of Rs. 5000/- per month for herself citing the reason that she has got no source of livelihood and is unable to maintain herself, whereas the revisionist is engaged in tailoring and has also got agricultural land.

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