SONU DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present revision has been preferred by the revisionist against the impugned judgment and order dtd. 16/3/2024 passed by the learned Principal Judge, Family Court, Aligarh in Misc. Case No. 295 of 2019 (Smt. Sonu Devi and another) Vs. Vipin Kumar) under Sec. 125 Cr.P.C., Police Station Khair, District Aligarh whereby the learned Principal Judge has directed the opposite party no.2, Vipin Kumar (husband) to pay Rs.3,000.00 per month to his wife/applicant No.1 (Smt. Sonu Devi) and Rs.2,000.00 per month to his minor son applicant no.2 (Dheeraj) towards their maintenance.

(2.) As per the allegations made in the maintenance application the marriage between revisionist no.1 and opposite party no.2 was solemnized on 5/3/2015 as per Hindu Rites and Rituals and out of the wedlock of revisionist no.1 and opposite party no.2 a son (revisionist no.3) was born after approximately 1.5 years of marriage. Just after the marriage the husband and his relatives started demanding a bullet motorcycle and buffalo as dowry and started harassing her physically and mentally. She informed her parents of all these demands and her parents tried to resolve this issue with her in-laws but they did not agree and continued to harass revisionist no.1 in various ways. About 1-1/2 years ago her in-laws physically assaulted her and drove her out of their house along with her minor son. She further stated that she is unable to do any kind of sewing, knitting or embroidery work and, therefore, she and her son minor son are on the verge of starvation. However, the respondent is a practicing lawyer, earning approximately Rs.50,000.00 per month. He owns 20 Bighas of good agricultural land in the village from which he earns Rs.10,000.00 per month. The applicants/revisionists require Rs.10,000.00 for herself and Rs.5,000.00 for her minor son as a maintenance allowance from the date of filing of the application.

(3.) The opponent presented an objection and accepted the marriage with the revisionist no.1 and during their wedlock a son was born. He further stated that he got registered as an advocate with Bar Council of Uttar Pradesh in 2017. He is presently a trainee advocate and preparing for a competitive examination and is completely financially dependent on his parents with no income of his own. He never harassed the revisionists/applicants for dowry further more, due to revisionists' cruel behaviour and conduct he filed a divorce petition to prevent himself, which is pending in the court. The revisionist/applicant left matrimonial home without any reason.