KISHAN LAL Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) THIS criminal revision preferred under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) read with Section 19(4) of the Family Courts Act, 1984 is directed against the order dated 9.4.2009 passed by the Judge, Family Court, Udham Singh Nagar in Misc. Criminal Case No. 83/2007, Shoma Rani and Anr. v. Kishan Lal Under Section 125(3) CrPC, whereby the Judge, Family Court has sentenced the revisionist Kishan Lal to undergo 11 months' simple imprisonment.

(2.) BRIEFLY stated facts of the case are that the respondent No. 2 Shoma Rani and respondent No. 3 Manav Arora filed a maintenance application under Section 125 CrPC against the revisionist Kishan Lal being his wife and minor daughter respectively. The Judge, Family Court, Udham Singh Nagar vide his judgment and order dated 4.4.2007 partly allowed the aforesaid maintenance application and directed the revisionist to pay Rs. 2000/ - per month to respondent No. 2 and Rs. 500/ - per month to respondent No. 3 from the date of making the said application i.e. 3.6.2005. The revisionist defaulted in making the payment of the aforesaid maintenance amount to the respondents No. 2 & 3 since the very beginning i.e. with effect from 3.6.2005 and did not pay the aforesaid amount of maintenance for continuous 22 months. The respondents No. 2 & 3 moved an application under Section 125(3) CrPC for enforcement of the aforesaid maintenance order dated 4.4.2007, which was registered as Misc. Criminal Case No. 83/2007.

(3.) HEARD learned Counsel for the parties and perused the papers available on record.