SHAMIM AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.C. Gupta, learned counsel for the revisionist, learned counsel for respondent nos. 2 and 3, learned A.G.A. for the State and perused the record.

(2.) The revision has been preferred against the judgment and order dated 5.8.2006 passed by Principal Judge, Family Court Kanpur Nagar. The respondent no. 2 applied for maintenance. In the application.she has alleged that she was married to the revisionist-husband according to muslim rites. She carried dowry with her. In January, 2002 the husband,however, pressed for Rs. 20,000/-in dowry. When the demand was not fulfilled, she was harassed and subjected to cruelty. Her father was also dishonored. She was turned out of the house alongwith two and a half years old child in her lap. The applicant has no source of livelihood and can not maintain herself. On the other hand, the revisionist-husband is a teacher and imparting tuition privately also and earn about Rs. 4000/- a month.

(3.) The revisionist-husband admitted that he was married to the applicant on 25.9.1997 and a child namely Imran was born in the wedlock. He loved her and kept her honorably but she quarrelled with him and his family members. She insisted that he should leave the village and start living with her parents. It was learnt after marriage that the applicant-wife had been married to another person and a Criminal case under Section 498-A I.P.C. and Section 3/4 of the Dowry Prohibition Act was lodged against him. Divorce was procured and Rs. 30,000/- were also extorted. This shows that the applicant's father is a greedy fellow and was intending to extract some money from him. On 25.2.2002 he sent a notice. He haunted her parental house and tried to bring her back, but failed. He is still ready to keep her and the child with him. A suit for restitution of conjugal right had to be instituted. The applicant wife knew sewing who was suing and was earning about Rs. 3000/-, therefore, he was not liable to maintain her.