VIKAS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr Amit Daga, learned counsel for the revisionist, learned AGA for the State and Mr. Sunil Vashishtha, learned counsel appearing for the opposite party no. 2.

(2.) This revision is directed against the order dated 20.7.2011 passed by the Principal Judge, Family Court, Meerut in Case No. 508 of 2001, under Section 125 Cr.P.C. (Smt Upasana Vs Vikas) whereby the revisionist was directed to pay Rs 5000/- per month as maintenance to the opposite party no. 2 subject to the adjustment of maintenance awarded to her under the Protection of Women from Domestic Violence Act 2005.

(3.) The facts of the case are that the opposite party no. 2, revisionist-wife Upasana filed a petition for maintenance under Section 125 Cr.P.C. against her husband the revisionist on 16.9.2009 stating therein that her marriage was solemnised with the revisionist on 12.3.2008 in accordance with Hindu rites and rituals. Immediately after the marriage, her husband, in-laws and other family members started demanding a Car and on non fulfilment of the said demand she was subjected to cruelty by her in-laws and husband. On 23.8.2009 at about 7.30 a.m., her in-laws and husband assaulted her resulting into several injuries to her person. She lodged an FIR vide case crime No. 70 of 2009, under Sections 498-A,323,324,504,506 IPC against the revisionist and his family members on 1.9.2009.