VIJAY SINGH Vs. JAIMALTI

JUDGEMENT

(1.) This criminal revision has been preferred by the revisionist against the judgment and order dtd. 5/2/2013, passed by the learned Family Judge, Kashipur, Udham Singh Nagar in Misc. Criminal Case No. 257 of 2010, Smt. Jaimalti Vs. Vijay Singh, whereby the application moved by the respondent ' wife ' Jaimalti, under Sec. 125 of the Code of Criminal Procedure, 1973 (for short 'the Code') has been partly allowed and the revisionist ' husband ' Vijay Singh, was directed to pay a sum of Rs.1500.00 per month to the respondent ' wife from the date of moving the application for the maintenance and to ensure to make payment on the seventh day of each month.

(2.) The instant revision is moved against the aforesaid judgment and order dtd. 5/2/2013, mainly, on the ground that the maintenance amount awarded by the learned Family Judge, to the respondent ' wife is excessive and beyond the paying capacity of the revisionist, as he is just a labour.

(3.) I have perused the impugned judgment as well as the material available on record. It is admitted to both the parties that their marriage had been solemnized on 16/2/2010, as per the Hindu rites and rituals and after some time, a discord developed between them. According to the respondent ' wife, the cause of discord was demand of dowry by the revisionist ' husband from her and, her parents, resulting, the respondent ' wife to leave the company of the revisionist ' husband. After living separately, the respondent ' wife submitted an application before the learned Family Judge and claimed Rs.5,000.00 per month as maintenance from the revisionist ' husband. It has been specifically pleaded in the application under Sec. 125 of the Cr.P.C. that the respondent ' wife being a hardly educated woman is unable to maintain herself. As against this, it was pleaded that the revisionist ' husband has one bigha of land in village and he is the only son of his parents, who earned his livelihood by doing agriculture and selling milk; and the respondent has a pucca house in the village.