SMT. GANGA DEVI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 09.04.2004, passed by Principal Judge, Family Court, Nainital, in Criminal Misc. Case No. 01 of 2001, whereby said court has dismissed the application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), moved by the revisionist, before said court.

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

(3.) THE respondent No. 2 Kishnanand Kudai contested the application under Section 125 of Cr.P.C., before the trial court. He admitted that he got married to the revisionist, who came to her house on 12.06.1997. It is stated by him that the revisionist with respondent only till 27.06.1997 i.e. for about a fortnight only. It is pleaded by respondent No. 2 in his written statement before the trial court that on 24.06.1997, the revisionist complained of pain in abdomen, on which she was taken to nearby hospital. On medical examination, the medical officer detected that the revisionist was pregnant. Thereafter on 27.06.1997, she (revisionist) was taken to Dr. Khurana Ultrasound Scanning Centre, Haldwani, where it was found that the revisionist was carrying six months pregnancy. On coming to know of it, the respondent No. 2 informed the development to the father of the revisionist, who advised that the pregnancy be terminated, to which the respondent did not agree. Thereafter, according to the respondent No. 2 revisionist was taken to her parental village Tanda by his father. He has denied that the revisionist was ever harassed for non -fulfillment of demand of dowry. It is also pleaded by him that his earnings as alleged by the revisionist is wrong.