GANESH SINGH RAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) Smt. Archana Rawat, wife of Ganesh Singh Rawat (revisionist) and Master Archit Rawat, son of revisionist Ganesh Singh Rawat moved an application under Section 125 of Cr.P.C. against the revisionist for grant of interim allowance under Section 125 of Cr.P.C. in the court of Addl. Judge, Family Court, Rishikesh, District Dehradun. Learned Addl. Judge, Family Court, Rishikesh, vide impugned order dated 11.12.2007, refused to grant maintenance to Smt. Archana Rawat on the grounds, inter alia, that she has received a permanent alimony of Rs. 1,50,000/- under Section 25 of the Hindu Marriage Act, 1955. Learned court below, however, granted a maintenance allowance of Rs. 1, 200/- per month to Master Archit Rawat. The impugned order was made effective from the date of filing of the application. The revisionist was directed to pay Rs. 1,200/- per month to Master Archit Rawat on the 10th day of every month. Aggrieved against the impugned order, present criminal revision was preferred.

(2.) As per the application under Section 125 of Cr.P.C., Smt. Archana Rawat was married to Ganesh Singh Rawat according to Hindu religion and rites on 05.03.2002, in I.D.P.L. Rishikesh. Master Archit Rawat was begotten out of said wedlock on 24.04.2003. Allegations of harassment on account of demand of dowry were alleged in the application under Section 125 of Cr.P.C. This Court is not dealing with the case of the wife in detail because she has been denied maintenance by the court below and she has not preferred any appeal / revision against said order. This Court is concerned only with the case of Master Archit Rawat at this juncture, in as much as, his father has preferred revision against the award of maintenance allowance to his son.

(3.) The revisionist / opposite party admitted his marriage with Archana Rawat. It was also admitted that Master Archit was begotten out of their wedlock. The allegations of demand of dowry were denied. The revisionist said, among other things, that his wife has deliberately deserted him. Learned court below held that the wife of the revisionist was residing separately from him without justifiable cause. This fact was admitted that Archana Rawat was granted permanent alimony of Rs. 1,50,000/- in Original Suit No. 04 of 2007, Archana vs Ganesh under Sections 13 and 25 of the Hindu Marriage Act. Learned court below has referred to a ruling in internal page no. 13 of the judgment to conclude that Smt. Archana was not entitled to maintenance allowance from her husband.