OM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Revision has been filed under Sec. 19 (4) of the Family Courts Act, 1984 against the impugned Orders dtd. 7/10/2021 & 26/10/2021 passed by the Additional Principal Judge, Court No.-10, Family Court, Lucknow in Criminal Misc. Case No. 1024 of 2006 in Re: Smt. Rajrani and 2 others vs. Om Prakash, on an application filed under Sec. 125 Cr.P.C. relating to Police Station Malihabad, District Lucknow.

(2.) At the outset, learned counsel for the revisionist has stated that he had earlier filed Revision No. 838 of 2021, which was dismissed as withdrawn with liberty to file a fresh revision by this Court vide its order dtd. 7/12/2021. The application under Sec. 125 Cr.P.C. was filed by the opposite party no.2 alongwith her two children, who were minors at that time and have now become major and arrayed as opposite party no. 3 and 4. Such application was filed on 27/11/2006 stating, therein, that she was constantly being harassed with the demand of more dowry ever since the time of her marriage she was also thrown out from the matrimonial home. Later on a compromise occurred between the parties due to the intervention of family and friends. She came back to the matrimonial house where a son was born to her, later on a daughter was also born to her and at the time of making such application they were aged four years and two and a half years, respectively. After the daughter was born, the relationship between the applicant and the revisionist soured to such extent that she had to leave her matrimonial home again and is now residing in her parental house. Since September 2006 till the date of filing of application, no maintenance was given to her by her husband.

(3.) The applicant was uneducated and unskilled woman and it has been difficult for her to raise her two children, therefore, the maintenance application was filed. On the other hand, the revisionist owned five bighas of land, where he grew vegetables and earned round about Rs.15,000.00 per month, also, he was doing wholesale business in Kanpur from which he earned around Rs.15,000.00 to Rs.20,000.00 per month. The income of the revisionist being more than 30,000/- per month, a prayer was made that the applicant and her two children be granted Rs.20,000.00 per month as maintenance.