TAHIR ALI Vs. SHAGUFTA

JUDGEMENT

(1.) This revision, preferred under Sec. 397 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code), has been filed by the revisionist against the order dtd. 16/9/2009 passed by the Judge, Family Court, Udham Singh Nagar (Camp Kashipur) in Criminal Case No.179 of 2004 (Smt. Shagufta v. Dr. Tahir Ali), whereby the Court below had allowed the application for maintenance moved by the respondent, herein, and awarded a sum of Rs.3,000.00 per month as maintenance allowance against the revisionist from the date of order i.e. 3/9/2004.

(2.) In brief, the marriage between the parties was solemnized on 25/12/2002 as per Muslim rituals. Sufficient dowry was given at the time of marriage by the parents of respondent-wife. The revisionist is working as an Associate Professor at Sher-e-Kashmir Agriculture University and is getting the monthly salary of Rs.30,000.00. The revisionist Tahir Ali ousted the respondent-wife from her matrimonial house on 24/10/2003 without any cause. The respondent-wife demanded maintenance of Rs.4,000.00 per month from the revisionist.

(3.) The revisionist appeared before the Court below and filed his objection, wherein, he admitted the factum of his marriage with the respondent, and stated that the respondent is a graduate lady and is working in the Army School, Hempur, Kashipur, from where she is getting the monthly salary of Rs.15,000.00.