MANOJ KUMAR YADAV Vs. STATE

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated 27.8.2004 passed by Judge, Family Court, Haridwar in case no. 215/2003, Smt. Amita Yadav & Anr. v. Manoj Kumar Yadav under Section 125 of Cr.P.C., whereby learned Family Judge has allowed the application for interim maintenance and awarded monthly interim maintenance amounting to Rs. 2000/ - and Rs. 1000/ - to respondent no. 2 & 3 respectively.

(2.) BRIEF facts, as set out before trial court, are that Smt. Amita Yadav/respondent no. 2 got married to revisionist Manoj Kumar Yadav on 11.12.1997. They have a son from the said wedlock, who was born on 4.4.1999. Revisionist and his family members demanded dowry and when their demands were not fulfilled, they ousted the respondents no. 2 & 3 from their house on 8.7.2002 after beating them. Since then, respondent no. 2 along with her son is living with her parents. Thereafter she made an application under Section 125 Cr.P.C. claiming maintenance of Rs. 5000/ - per month each for herself and her minor son alleging that she has no source of livelihood, whereas revisionists monthly income is around Rs. 20,000/ - from the work of welding contracts.

(3.) REVISIONIST filed his objections before the trial court and learned Family Judge after considering the matter and financial condition of the parties, allowed the application for interim maintenance and awarded monthly interim maintenance amounting to Rs. 2000/ - and Rs. 1000/ - to respondents no. 2 and 3 respectively.