(1.) THIS criminal revision preferred, under section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr. P. C.) r/w Section 19 of Family Courts Act, 1984 is directed against the order dated 19. 10. 2004 passed by Additional Judge, Family Court, Roorkee in Misc. Case No. 44/2004, Smt. Rashmi and others Vs. Ravindra Kumar.
(2.) BRIEFLY stated, facts of the case are that respondent no. 1-Smt. Rashmi filed an application under Section 125 Cr. P. C. for the interim maintenance of herself and for her children with the allegations that her marriage was solemnized on 12. 12. 1996 with the revisionist-Ravindra Kumar according to Hindu rituals. In the marriage, the father of respondent no. 1 had given dowry as per his status. But the revisionist and his parents were not satisfied with the dowry and due to this reason, they started harassing and torturing respondent no. 1 by demanding Rs. 50,000/- in cash, a Maruti Car and also a colour T. V. On 25. 04. 2004, the revisionist-Ravindra Kumar, husband of respondent no. 1 along with his father Kamal Singh left the respondent no. 1 and her three younger children to her parental house at Village Bhagari. Since then respondent no. 1 residing in her parental house. It was also stated that during this period, revisionist- Ravindra Kumar had not taken any care of respondent no. 1 and her children. It was further stated that the mother of respondent no. 1 is a sick and old lady and she has no source of income and her children are the school going children. On the other hand, it was stated that the revisionist was earning Rs. 40,000/- per month from the business of photography and video mixing etc.
(3.) THE revisionist-Ravindra Kumar filed his objection against the application moved by respondent no. 1 and denied the allegations made in the application moved by respondent no. 1 u/s 125 Cr. P. C.