RATAN KUMAR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been filed by the Ratan Kumar Tiwari husband of the applicant of Criminal Case No. 455/2000 Smt. Durgesh Tiwari and Ors. v. Ratan Kumar Tiwari against the judgment and order dated 02.09.2008 passed by Principle Judge, Family Court, Lucknow. By the impugned judgment and order award under Section 125 Code of Criminal Procedure for the maintenance of wife and daughter of Ratan Kumar Tiwari was passed. Aggrieved by the judgment, this revision has been filed.

(2.) NOBODY appeared on behalf of revisionist. Learned Counsel for the Respondent -opposite parties No. 2 and 3 as well as learned Additional Government Advocate for the State is present.

(3.) FROM the record, it reveals that it is not disputed to the revisionist that Respondent No. 2 Smt. Durgesh Tiwari is his wife and out of wedlock, Respondent No. 3 Kumari Shubhi Tiwari (aged about 10 years) was born. In the application under Section 125 Code of Criminal Procedure, Respondent No. 2 had pleaded that she was being harassed and tortured by her in -laws including her husband for non -fulfillment of demand of dowry. On 16.06.1998 her husband also made attack on her with knife and she was ousted from her matrimonial house when she was pregnant. At the time of delivery of the baby, husband and his family members were informed, but none came for her help in any way. Since then, she is living in her parent house. She has no means to maintain herself and her daughter. Her husband -revisionist is in service of Lucknow Development Authority and earning Rs. 10,000/ - per month. She made demand of Rs. 5,000/ - per month for maintenance of herself and her daughter and also prayed for return her "Stridhan" withheld by the revisionist -applicant. The contents of the application were replied by the revisionist -applicant admitting his marriage and out of their wedlock, a daughter was born, but he had denied the rest contents of the application saying that she is in say of her brother and residing with in her parental house as per her own will. Wrong facts has been mentioned in the application under Section 125 Code of Criminal Procedure. Under the order of learned family Court, he is paying interim maintenance to the applicant and her daughter. Without permission of his family members, she used to left her matrimonial house and when she was asked in this regard, she badly abused and threatened them. With the wrong allegations, a case under Section 498 -A, 504 and 506 IPC read with Section 3/4 Dowry Prohibition Act was got registered by her and in relation of that case, he and his family members remained in jail. He was also suspended by the department. She is highly educated and M.A. In Political Science and engaged in tuition work having sufficient income and she can very well maintained herself and her daughter.