INDRA KUMAR RAI Vs. VIMLA RAI & ANOTHER

JUDGEMENT

(1.) THIS criminal revision, preferred by the revisionist under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) r/w Section 19(4) of the Family Courts Act, 1984, is directed against the judgment and order dated 17.2.2007 passed by Principal Judge, Family Court, Dehradun in Case No.171/2005, Smt. Vimla Rai and another Vs. Indra Kumar Rai, by which the revisionist has been directed to pay Rs.750/- per month each to respondent nos.1 and 2, in total Rs.1,500/- per month, towards maintenance.

(2.) I have heard Sri L.K. Tewari, Adv. for the revisionist and Sri Bhuvnesh Joshi, Adv. for the respondents and perused the entire material available on record.

(3.) THE revisionist also appeared before the court below and filed his written statement. He admitted his marriage with respondent no.1 and also admitted that three children were born out of aforesaid wedlock. In his additional statement, he stated that on 3.3.2004, he caught respondent no.1 while doing adultery with one Monu @ Rajesh. On the same day i.e. on 3.3.2004 a compromise was also entered between the revisionist and respondent no.1 that she will not keep any relationship with Monu @ Rajesh in future. But on 13.6.2005 at 9:15 P.M., his wife-respondent no.1 along with Monu @ Rajesh had gone from the house of revisionist along with respondent no.2 and she also took some cash and jewellery along with her.