JITENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision no.- 933 of 2013 under Section 397/ 401 Cr.P.C. has been preferred by opposite party-revisionist Jitendra Kumar against his wife Smt. Shashi Singh respondent no.-1 and Aditya (minor) respondent no.-2 and State of U.P. respondent no.-3 challenging the legality, correctness and propriety of the impugned judgment and order dated 14.3.2013 passed by Family Court/ Additional District Judge, Court No. 14, Allahabad in matrimonial case no. 47 of 2006 under Section 125 Cr.P.C. awarding monthly allowance of a sum of Rs.3,000/- to the wife and Rs.2,000/- to his son payable from the date of application.

(2.) Respondent Nos.1 and 2 made an application under Section 125 Cr.P.C. before the Family Court with a pleading that revisionist Jitendra Kumar solemnized his marriage with Smt. Shashi Singh on 16.2.1997 as per the Hindu Rites and Rituals. Out of this wedlock, a son Aditya was born on 18.11.2004. Revisionist and his relatives started torturing and practicing cruelty against Smt. Shashi Singh in connection with demand of dowry. They tried to set her ablaze after sprinkling kerosene oil. He is alcoholic and gambler and in this connection he had already sold the ornaments of his wife. Whenever she raised objection, she was assaulted and kept hungry. Mental torturing and domestic violence had been her fate. Ultimately, she came to her father's house along with her son. She is unable to maintain herself whereas her husband Jitendra Kumar is able to maintain her and her child but he is deliberately neglecting to maintain them. He is an electrician and on the date of filing of application he was earning Rs.5,000/- per month but during the course of proceedings as per the evidence of Smt. Shashi Singh, he raised his earnings up to Rs.10,000/- per month.

(3.) Jitendra Kumar, opposite party-revisionist filed his W.S. wherein he denied allegation of torturing, demand of dowry and pleaded that his father and father-in-law were friends inter-se and were employees in the Office of Accountant General, Allahabad, U.P. They had arranged his marriage with Smt. Shashi Singh without any demand of dowry. However, his father-in-law had given certain goods in dowry and when he came for the first time for Vidayi to his daughter, he brought a Hero-cycle with him. Smt. Shashi Singh was suffering from mental sickness. Her illness continued and she used to be unconscious at intervals. He provided medical treatments to her and she became cured but she had been accustomed to lead a comfort and luxurious life, therefore, she does not want to live with him at his house. He has already filed a suit for restitution of his conjugal rights. She had also filed a criminal case against him under Section 498-A, 323, 504 and 506 I.P.C. in which he was in jail for a considerable length of time. She earns Rs.6,000/- per month from Tailoring and Embroidery and from management of the lodge of her father and in this way she is able to maintain herself and her child. Her application made under Section 125 Cr.P.C. deserves to be rejected.