SMT. SUSHMA, W/O. SRI BHAGWAT KUMAR AAGRI, D/O. SRI SHANKAR LAL AND KM. PRACHI THROUGH HER MOTHER AND NATURAL GUARDIAN, SMT. SUSMA Vs. STATE OF UTTARAKHAND AND BHAGWAT KUMAR AAGRI, S/O. LATE PANI RAM

JUDGEMENT

(1.) HEARD .

(2.) THIS revision is directed against the order dated 16.03.2010, passed by Principal Judge, Family Court, Nainital, in Criminal Misc. Case No. 175 of 2008, whereby said court has directed that Respondent No. 2 (husband of the revisionist No. 1) shall pay maintenance @ Rs. 800/ - per month to his wife.

(3.) BRIEF facts of the case are that revisionist No. 1 Smt. Sushma got married to Respondent No. 2 Bhagwat Kumar Aagri on 7th of March, 2007, in district Nainital. A daughter was born out of the wedlock on 19.06.2008. However, thereafter the relations between the parties to matrimony got soured. Revisionist No. 1 Sushma moved an application under Section 125 of Code of Criminal Procedure, for maintenance for herself and her minor daughter Prachi. The Respondent No. 2 contested the application and denied the allegations that he had made any demand of dowry or harassed his wife or that he neglected to maintain his wife and daughter. He further pleaded that he is an unemployed youth. The trial court recorded the evidence and found that the Respondent No. 2 Bhagwat Kumar Aagri has neglected to maintain his wife, and considering the economic status of the parties, directed him to pay maintenance @ Rs. 800/ - per month to his wife.