AMITA - REVISIONIST Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS criminal revision has been directed against the judgment and order dated 30 -11 -2004 passed by the Family Court Judge/C.J.M., U.S. Nagar in Suit No. 208/2003 Am ita Vs. Ravindra Kumar, whereby the Ravindra Kumar - husband was directed to pay the maintenance to his wife @ Rs. 1000/ - per month from the date of filing of application under section 125 Cr.P.C.

(2.) BRIEF facts of the case are that the revisionist - Amita filed an application before the Family Court under section 125 Cr.P.C. against her husband - Ravindra Kumar for seeking maintenance of Rs. 3000/ - per month. It was alleged in the application that the marriage was solemnized in between the respondent No.2 - Ravindra Kumar and the revisionist - Amita in the year 1992 according to Hindu rites and customs. After the marriage, the respondent no. 1 and his family members started harassing the revisionist in connection with the dowry demand. When the dowry demand was not fulfilled, she was subjected to cruelty by the respondent no.1 and his family members. Thereafter, she was turned out from the house. The respondent no. 1 did not take her back to her matrimonial house and did not pay any maintenance allowance. As such, the respondent no. 1 had neglected to maintain his wife. It was further alleged that the respondent no. 1 is an employee in the Nagar Palika, Rudrapur and he is earning Rs. 5000/ - p.m. Apart this, he is an electric mechanic and in this way he earns Rs. 4000/ - p.m. from his profession. It was further alleged that the revisionist has no means to earn her livelihood. The respondent -husband denied the allegations made in the application filed under section 125 Cr.P.C. The respondent -husband has further alleged that he is ready to take her back to his house, but his wife is not ready to come and as such the application for maintenance may be rejected. The parties were directed to adduce their evidence in support of their evidence. After appreciation of evidence on record, the Family Court allowed the application under section 125 Cr.P.C. and the respondent -husband was directed to pay maintenance to his wife @ Rs. 1000/ - p.m. from the date of filing of application for maintenance i.e. 20 -12 -2003. Feeling aggrieved by the order passed by the trial court, the present revision has been filed before this Court.

(3.) HEARD Sri S.K. Mandai learned counsel for the revisionist and Sri Rajeev Mohan learned A.G.A. for the State. None appeared for the respondent despite service.