FAROOQ RIYAJUL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS revision u/s 397/401 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P. C.) read with Section 19 (4) of the Family Court Act has been directed against the judgment and order dated 1st June, 2007 passed by learned Principal Judge, Family Court, Haridwar in case no. 2 of 2004 whereby the revisionist has been directed to pay Rs. 4,000/- per month as final maintenance to respondent-wife Smt. Rabia and her daughter.

(2.) BRIEF facts, giving rise to the present revision, are that the respondent no. 2 i. e. wife of the revisionist filed an application u/s 125 Cr. P. C. for awarding maintenance to her from her husband/opposite party with the averments that her marriage was solemnized with the opposite party-Farooq according to the Muslim rituals. Km. Shahil was born out of the wedlock. Her father gave a handsome of gifts in the marriage to the opposite party-revisionist including precious clothes, ornaments made of silver and gold, utensils and cash amount Rs. 10,000/- but the revisionist and his family members were not happy with the gifted items, therefore they demanded colour television as also a motorcycle. In order to harass her; they always used taunting upon her and beating to her. Keeping on harassment; the opposite party/revisionist and his family members have ousted her and her daughter on 23. 03. 2003 in their wearing clothes to fulfill their demands of colour television and motorcycle. From that date when the opposite party and his family members ousted the applicant; she is residing in her parental home alongwith her daughter. Thereafter the revisionist had never cared towards her and had never given any maintenance. The applicant has no source of income whatsoever. The revisionist-O. P. is doing the dairy work as also of making furniture by which he earns Rs. 20,000/- per months. The wife-applicant has prayed to give her and her daughter each Rs. 2,000/- per month from the opposite party/revisionist as maintenance. The opposite party/ revisionist remained present in the Court below on 3rd Feb. 2004 and he filed his written statement before the Court below, but thereafter he did not appear before the Court below, therefore the Court below proceeded the case ex-parte against him. The applicant-wife adduced evidence of herself as P. W. 1 and she also filed affidavit of P. W. 2 Shakeel. After hearing upon learned counsel for the applicant-wife and perusing the evidence available on record, the learned Judge, Family Court has allowed the application of the applicant-wife ex-parte and directed the opposite party-husband to pay a sum of Rs. 2,000/- per month for the maintenance of applicant-wife and a sum of Rs. 2,000/- per month for the maintenance of the applicant-daughter Km. Shahil from the date of filing of the application. It was further directed the amount of maintenance i. e. Rs. 4,000/- per month and the arrears in lieu thereof be deposited within 30 days, and thereafter the sum of maintenance shall be given in future to the wife-applicant on 10th day of each month.

(3.) AGGRIEVED with the judgment and order, the opposite party-revisionist has come up in the present revision.