VINOD KUMAR Vs. PRINCIPAL JUDGE, FAMILY COURT, DEHRADUN

JUDGEMENT

(1.) THIS criminal revision has been preferred by the revisionist Vinod Kumar for quashing the order dated 23.3.2004 passed by the Principle Judge, Family Court, Dehradun in case no. 805 of 2002 Smt. Perves Vs. Vinod Kumar u/s. 125 Cr.P.C.

(2.) BRIEF facts of the prosecution case are this opposite party no. 2 Smt. Perves filed petition u/s. 125 Cr.P.C. before the court of Principle Judge, Family Court, Dehradun for maintenance of Rs. 3,000/ - per month. The opposite party Smt. Perves has stated in her petition that her husband owns a shop of general merchandise and has an income of Rs. 6,000/ - per month from that shop.

(3.) THE revisionist has filed the objection before the court below and has denied that he owns any shop of general merchandise. The revisionist has' stated that he in fact neither have any shop nor any source of income but he is absolutely dependent upon his parents, hence is not in a position to pay the amount of maintenance to his wife. It has also been pleaded by the revisionist in his objection before the court below that his wife is living with her parents without any cause.