SITARA DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal revision is directed against an order of Mr. Dinesh Tiwari, Principal Judge, Family Court, Kaushambi dated 19.10.2019, partly allowing the revisionist's application for maintenance under Section 125 Cr.P.C. and directing the second opposite party to pay the revisionist maintenance in the sum of Rs.7000/- per month from the date of order. The revisionist seeks enhancement of the maintenance awarded, payable from the date of application.

(2.) Heard Mr. C.L. Chaudhary, learned Counsel for the revisionist and Mr. Hakim Kumar Kushwaha, learned Counsel appearing on behalf of opposite party No.2.

(3.) The revisionist, Smt. Sitara Devi and the second opposite party, Kamlesh Kumar, are an estranged couple. The parties were married, according to Hindu rites, on 17th April, 2009. There are allegations by the wife that she was subjected to cruelty, both mental and physical, in connection with demand of dowry. The details of those facts, that have been wholesomely set out in the Family Court's judgment, need not be recapitulated. The reason is that the Family Court, on the basis of evidence on record, has recorded a finding of fact that the wife is living apart from the husband for sufficient cause. It is the wife who has come up in revision, assailing the judgment and order passed by the Family Court, to the extent it denies the wife's claim to a maintenance in the sum of Rs. 15,000/- per month, from the date of application. The husband-opposite party no.2 has not challenged the order.