ALOK KUMAR SHARMA Vs. MANJU SHARMA AND ANOTHER

JUDGEMENT

(1.) Smt. Manju Sharma (respondent no. 1) filed an application under Section 125 Cr.P.C, for grant of maintenance allowance against her husband Alok Kumar Sharma (revisionist). The said application was allowed by the learned Judge, Family Court, Udham Singh Nagar, Camp Court at Kashipur, vide impugned Judgment and Order dated 16.05.2007. Husband Alok Kumar Sharma was directed to pay maintenance allowance of Rs. 3000/- per month to his wife Smt. Manju, from the date of filing of the application. Aggrieved against the said judgment and order, present criminal revision was preferred by the husbandrevisionist.

(2.) It was stated by the wife in the application under Section 125 Cr.P.C. that she was married to Alok Sharma on 11.05.2003 according to Hindu rites and rituals. The husband and other family members were not satisfied with the dowry and therefore, they started harassing her for want of bringing sufficient dowry. A panchayat was convened, without yielding any result. On 08.10.2003, at 8:30 p.m., her husband along with others came to the house of the father of the applicant and assaulted them. A panchayat was again convened on 05.11.2003, but to no avail. On 27.11.2003, at 9:00 a.m., her husband and other family members assaulted her, as a consequence of which, she became unconscious. Her parents came to her matrimonial home and took her to Kashipur, whereupon she was given medical treatment by the Doctor. The monthly income of her husband was Rs. 20,000/-. The applicant has no means of livelihood. Her husband, having sufficient means, neglected and refused to maintain her, who was unable to maintain herself.

(3.) Husband/opposite party filed the written statement. The marriage of Smt. Manju Sharma with Alok Kumar Sharma was admitted. It was alleged by the opposite party/husband that his wife has having illicit relations with one Omveer, who was a resident of Kashipur. A false report under Sections 498-A, 323, 504, 506 and 427 IPC and Section Dowry Prohibition Act was lodged against him by the parents of his wife.