(1.) THIS criminal revision, preferred by the revisionist under Sections 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) r/w Section 19(4) of Family Courts Act, 1984, is directed against the judgment and order dated 13.12.2007 passed by Judge, Family Court Nainital, Camp Haldwani in Misc. Crl. Case No. 41/2006, Smt. Kanti Joshi and Anr. v. Purshottam Joshi, whereby the learned Judge, Family Court has directed the revisionist to pay Rs. 3,000/ - per month to respondent No. 2 towards maintenance allowance from the date of application i.e. 20.4.2006.
(2.) HEARD learned Counsel for the parties and perused the entire material available in file.
(3.) THE revisionist also appeared before the court below and denied most of the averments made in the application. He stated that he gets Rs. 6,000/ - per month as pension. Further during his service time he got constructed a house in which the respondent Nos. 2 and 3 are residing. He further stated that he is 72 years of age and he also has problems due to his physical sufferings and he has to spend a lot in his treatment. He also denied any income from house rent and insurance.