LALIT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionists, learned counsel for the opposite party Nos.2 and 3, learned AGA for the State and perused the material placed on record.

(2.) By means of instant criminal revision, the revisionist has assailed ex-parte judgement and order dtd. 23/12/2021 passed by the Additional Principal Judge, Family Court No.3, Agra in Maintenance Case No.999 of 2019 (Smt. Renu @ Shipra Verma and Another vs. Lalit Singh), under Sec. 125 Cr.P.C., Police Station Etmaddaula, District Agra and has also prayed for setting aside the recovery warrant dtd. 10/10/2022, passed by court below in Misc. Criminal Case No.138 of 2022, issued on application under Sec. 125(3) Cr.P.C.

(3.) Factual matrix of the case in brief are that the opposite party No.2 instituted a maintenance case under Sec. 125 Cr.P.C. before the Principal Judge, Family Court, seeking maintenance for herself and her minor son namely, Master Agastay, son of Lalit Singh claiming herself as guardian of the minor, with averment that her marriage with opposite party Lalit Singh was solemnized on 17/6/2010 according to Hindu rites and rituals in Agra. The people of her parental side spent around Rs.10.00 lacs in the marriage as gifts and dowry, which includes an Alto Car, Demand Draft of Rs.3.00 lacs, Rs.11,000.00 cash, ornaments and households. However, the opposite party and his family members were not satisfied to this and they began to demand Rs.5.00 lacs as additional dowry and when their demand could not be fulfilled by parents of the applicant, the opposite party and his family members began to harass her and subjected her to mental and physical cruelty. They also abused her. The applicant suffered all the humiliation and torture any how for some time and she became pregnant in the meanwhile. She was kicked out from her matrimonial home on 1/1/2011, on first occasion. She delivered a child at her parental place and thereafter she was sent to the place of opposite party after mediation of some respectable of locality. The behaviour of opposite was normal for some time but they again engaged in maar-peet, abusing and harassing the applicant and she was ultimately turned out from her matrimonial home on 7/8/2018. She informed her father regarding her ordeal. His father made a complaint at police station concerned and took the applicant alongwith him at his home. The applicant is not having any source of income. She is a housewife. She is not a skilled lady. The opposite party is having a good health. He is a mechanical engineer and his monthly income from all sources is around Rs.50,000.00 per month and therefore, the opposite party be directed to pay Rs.15,000.00 per month for maintenance of herself as well as her minor son. Process was issued to opposite party, who failed to appear despite the service of notice. Therefore, the proceeding were initiated ex-parte against him on 26/8/2021. The applicant filed her affidavit evidence 5-C, in which she supported the averments made by her in maintenance application. She also filed photographs of marriage, photocopy of Aadhar Card, and affidavit 7-C with regard to her income and liabilities.