SUMAN VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Deepak Kumar Yadav, learned counsel for the revisionist, learned A.G.A. for the State and Sri Kumar Dhananjay, learned counsel holding brief of Sri Shashank Tripathi, learned counsel for the opposite party No.2.

(2.) The present criminal revision has been preferred against the judgment and order dtd. 3/10/2024 passed by the Additional Principal Judge, Family Court, Bulandhshahr under Sec. 125 Cr.P.C. whereby the application for maintenance towards the revisionist No.1/wife of the opposite party no.2 has been rejected and an amount of Rs.3,000.00 per month has been directed to be paid by the opposite party No.2/husband of the revisionist No.1 towards the maintenance of the minor son (Master Tilak Verma) only. The revisionist no.1 has sought enhancement of maintenance of Rs.15,000.00 per month towards herself and up to Rs.10,000.00 towards her minor son/revisionist No.2 from the date of application.

(3.) Learned counsel for the revisionists submits that the marriage between the parties was solemnized on 20/5/2006 according to Hindu rites and rituals. From the wedlock, a son (Master Tilak Verma) was born who is presently about fifteen years old and is residing with the revisionist no.1/wife. As per the revisionist no.1, she was driven out of the matrimonial home along with her son in the year 2015 due to physical and mental cruelty including beatings and harassment. An earlier petition for maintenance had been disposed of on 7/11/2005 by the Family Court, Bulandshahr in view of a compromise which had been entered between the parties on the assurance of opposite party No.2 that he would keep the revisionist No.1/wife properly, and accordingly she had returned to the matrimonial home and had withdrawn the case. Again on 9/1/2020, she was beaten and expelled from the matrimonial home along with her son on the demand of dowry. As per the revisionist No.1/wife, she is educated but a homemaker having no vocational skills such as tailoring, embroidery, knitting, and thus has no independent source of income. She is currently residing at her parental home and is financially dependent on them. As per the revisionist No.1/wife, the opposite party No.2/husband is employed as a Class-IV employee at Primary School, Saitha, Block Gulawathi, District Bulandshahr, and earns approximately Rs.35,000.00 per month as salary. She has accordingly sought Rs.15,000.00 per month for herself and Rs.10,000.00 per month for her son towards maintenance in the Application under Sec. 125 Cr.P.C. filed on 19/4/2021.