RAM DULARE Vs. RAJ KUMARI

JUDGEMENT

(1.) This Criminal Revision has been filed by the revisionist Ram Dulare against the order dated 30.9.2014 passed by the Additional Principal Judge/Additional District Judge, Court No. 3, Allahabad whereby the application filed by Smt. Raj Kumari, wife of the revisionist under section 125 of Code of Criminal Procedure has been partly allowed and the revisionist was directed to pay a sum of Rs. 1000/- (rupees one thousand only) per month to his wife Smt. Raj Kumari. By the same order, the learned Additional District Judge, Court No. 3, Allahabad declined to grant any maintenance to Karan, son of Smt. Raj Kumari.

(2.) The facts which are requisite to be stated for adjudication of this revision are that an application under section 125 Code of Criminal Procedure was moved by Smt. Raj Kumari stating therein that her marriage took place about 23 years back with Ram Dulare and they lived together as husband and wife. From their wedlock seven children were born, out of them, two have left for heavenly abode, one small child Karan is living with her and the remaining four children are living with Ram Dulare, the revisionist herein. On 30.5.2001 the revisionist after beating and taking her ornaments, kicked her out of his house. Since then she is living in her parental house. She further stated in the application that the revisionist Ram Dulare lends money on interest and also deals with the business of gold and silver ornaments. He earns about Rs. 25,000/- per month.

(3.) The revisionist-Ram Dulare filed his reply in which some of the points raised in the application under section 125 Cr.P.C. were accepted and some of them denied. The revisionist has accepted his marriage with opposite party No. 1 Raj Kumari. He has stated that only six children were born from the wedlock of the revisionist and opposite party No. 1, out of them, two have died and remaining four children namely Ansuiya Devi, Neeraj Kumar, Km. Gauri and Suraj Kumar are living with the revisionist. Opposite party No. 1 had herself left the house with one Rajendra Kumar alias Pappu on 20.6.1999 taking away her clothes and ornaments. When opposite party No. 1 could not be traced out in spite of hectic search, an application was given to the concerned police station and thereafter to the Senior Superintendent of Police. On 16.9.2005, when opposite party No. 1 came to the house of the revisionist along with a small child, she was not allowed to enter into the house by the children of the revisionist.