PUTTUL SAHANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sanjeev Kumar Khare, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) This application under Ss. 482 Cr.P.C. has been filed by the applicant (husband) against the impugned judgement and order dtd. 14/1/2020 passed by Additional Principal Judge, Family Court No.01, Varanasi, in Case No.332 of 2015 (Smt. Mala Sahani Vs. Puttul Sahani), under Sec. 125 of Cr.P.C., Police Station Bhelpur, District Varanasi, whereby the application of the interim maintenance has been allowed by the court below and awarded Rs.2000.00 per month to the wife and Rs.1000.00 per month to each children from the date of order.

(3.) Submission made by the counsel for the applicant is that the applicant is an illiterate person and daily wager labour. He is working as sailor and as such he is unable to pay Rs.6000.00 per month to the wife and children. He further submitted that the court below has not considered that the opposite party no.2 (wife) is living separately from the applicant without any reasonable reason so she is not liable to take maintenance from the applicant. After recording the statements of the contesting parties and without considering the facts and evidence on record, the court below allowed the application of opposite party no.2 and awarded maintenance to the opposite party no.2. The applicant made several attempt to settle the dispute but all in vain. He further submits that the applicant is still ready to keep her wife and children but she has not co-operated.