POOJA Vs. STATE OF U.P AND ORS.

JUDGEMENT

(1.) THIS revision has been filed against the order dated 20.8.2009 passed by Judicial Magistrate (Civil Judge, J.D.), Nazibabad, Bijnor, in Misc. Case No. 3/2007 Smt. Pooja v. Amur Singh, under section 125 Cr.P.C., and judgment dated 16.3.2010 passed by Addl. Sessions Judge, Bijnor, Court No. 6, in Criminal Revision No. 244/2009 Amar v. State of U.P. and another. Applicants (present revisionists) had filed a petition under section 125 Cr.P.C. with averment that she is legally married to OP Amar. Sometime after marriage OP treated revisionists with cruelty and deserted them without any reason. Thereafter she is living with her parents who are unable to bear her expenses. Applicant has no source of income while the OP is carrying on business and has sufficient income to maintain them. Therefore applicant has filed the application for maintenance.

(2.) OPPOSITE Party Amar had filed objection in Magistrate Court refuting the allegations, and stated that his monthly income is Rs. 1500 -2000 per month. He had responsibility to maintain his parents. Applicant is working and earning lady, who had deserted him without any reason and had also filed criminal case against him. He is unable to pay maintenance amount.

(3.) AGAINST this impugned judgment dated 20.8.2009 the OP (present respondent No. 2 Amar Singh) had preferred Criminal Revision No. 244/2009 which was decided by judgment dated 16.3.2010 of Court of Addl. Sessions Judge, Court No. 6, Bijnor. By this judgment revision was partially allowed and maintenance order dated 20.8.2009 was modified to the extent that maintenance was made payable from the date of order of Magistrate (dated 20.8.2009).