LAWS(ALL)-2014-5-430

INAMUL HAQ Vs. STATE OF U P

Decided On May 12, 2014
INAMUL HAQ Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THIS Criminal Revision u/s 397/401 Cr.P.C. has been preferred by the revisionist Inamul Haq challenging the impugned order dated 31.7.2013, passed by learned Additional Chief Judicial Magistrate, Baghpat in Misc. Case No.1633 of 2011, Smt. shahnaz and two others Vs. Inamul Haq u/s 125 Cr.P.C. P.S. Doghat, District Baghpat, whereby he has awarded a maintenance amount of Rs. 2,000/ - per month to Smt. Shahnaz, the wife of the revisionist, and Rs.1,000/ - to Danish, son of the revisionist, and Rs.1,000/ - to baby Sofia, daughter of the revisionist, to be payable from the date of the order.

(2.) THE legality; correctness and propriety of the aforesaid order dated 31.7.2013, has been challenged in this criminal revision.

(3.) IN nutshell, the case of Smt. Shahnaz, wife of the revisionist is that six years ago from the date of filing the application u/s 125 Cr.P.C., she was married with the revisionist. Since beginning, he started demanding additional dowry viz a bullet motorcycle and cash Rs.1,00,000/ -. The aforesaid demand could not be fulfilled, hence, he started practicing cruelty and torturing his wife, Smt. Shahnaz. He used to assault and oust her from his house and she was bound to take shelter at her parents house. Panchayat persuaded the revisionist to take his wife and children back. Be it known that during the aforesaid period of six years, Danish, aged about 3 years, and Sofia, aged about 1 -1/2 years, on the date of filing the application, had been born out of the said wedlock.