KIRAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Sanjay Kumar Singh, learned counsel for the revisionist, Sri Ram Kushal Tiwari, learned counsel for the opposite party no.2 and Sri Diwakar Singh learned AG.A. for the State and perused the record.

(2.) This Criminal Revision has been filed against the impugned award of maintenance order dtd. 28/5/2019 passed by the Principal Judge Family Court, Sultanpur in Criminal Case No.2629 of 2014(Smt. Kiran Singh versus Ghanshyam Singh) under Sec. 125 Cr.P.C. Further prayer has been made that the opposite party no.2 may be directed to pay an amount of Rs.15,000.00 to the revisionist and enable the revisionist to lead a true life in her parental house.

(3.) Learned counsel for the revisionist submitted that the revisionist filed application under Sec. 125 Cr.P.C. before the court below, in which she stated that she was married with opposite party no.2 on 25/2/2007 as per Hindu Rites. After marriage, opposite party no.2 and his family members started demanding for a motor cycle and were harassing her for dowry. The revisionist was deserted by opposite party no.2 on 31/10/2021 and since then the revisionist is living with her parents. Learned counsel for the revisionist further submitted that the revisionist has no source of income whereas opposite party no.2 is working in Mumbai and earning 30,000/- per month. Opposite party no.2 has also agricultural property and thus has sufficient source of income. In support of the arguments learned counsel for the revisionist has cited the judgment of Rajnesh versus Neha and another; (2021) 2 SCC 324 and Babu Lal versus Sunita; 1987 CrL. J. 525 and Darshan pal versus Smt. Darshana; 1986 CRL. J. 48.