SUNIL KUMAR CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this revision is made to the order dtd. 26/7/2022, passed in Misc. Criminal Case No.14 of 2021, Smt. Ranjita and another vs. Sunil Singh Chauhan, by the court of Judge, Family Court, Tehri Garhwal (for short, "the recovery case"). By it, an application filed by the mother of the respondent no.2, seeking maintenance for herself and her daughter has been decided. The respondent no.2, the daughter has been awarded Rs.7,500.00 per month maintenance from the date of filing of the application. The mother of the respondent no.2 i.e. the wife of the revisionist has been denied maintenance.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The basis of the case is an application for maintenance, filed under Sec. 125 of the Code of Criminal Procedure, 1973 (for short, "the Code") by the wife of the revisionist seeking maintenance for herself and her daughter the respondent no.2. According to it, the revisionist and the mother of the respondent no.2 were married on 15/1/2008 and since thereafter, the wife of the revisionist was tortured in her in-laws' house, due to which, she under compulsion, started staying separately with the respondent no.2. According to the wife of the revisionist, she is working on contract basis. The revisionist runs a shop, he has certain shops from which he is receiving rent; he has a car also, he is a man of means. The application was objected to. By the impugned order, the application under Sec. 125 of the Code had been partly allowed, the wife of the revisionist has been denied maintenance on the ground that she is able to maintain herself, but the daughter of the parties, who is respondent no.2, has been granted Rs.7,500.00 per month maintenance. It is impugned herein.