MADHUR MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Madhur Mishra, revisionist in person, learned counsel for the opposite party Nos.2 and 3 and the learned A.G.A.

(2.) The present criminal revision has been preferred with the prayer to set aside the judgment and order dtd. 9/7/2025 passed by the Additional Principal Judge, Family Court, Court no.1, Kanpur Nagar in Case No.276 of 2022 (Smt. Rinesh Mishra Vs. Madhur Mishra) filed under Sec. 125 Cr.P.C, whereby the trial court while allowing the application of the opposite party nos. 2 and 3 under Sec. 125 Cr.P.C. has directed the revisionist to pay Rs.4,000.00 per month to the opposite party no. 2 (wife) from the date of filing of application and Rs.4,000.00 per month to the opposite party no.3 (minor daughter) from the date of filing of instant application till the date of attaining her age of majority.

(3.) In the application filed by opposite party nos. 2 and 3 under Sec. 125 Cr.P.C., it is their case that the marriage of opposite party no.2 has been solemnized with the revisionist on 12/6/2003 in accordance with the Hindu Rites and Rituals. From the aforesaid wedlock one daughter, namely, Kumari Swechha Mishra i.e. opposite party no.3 was born. It is alleged that just after the said marriage, the revisionist and his family members started demand Rs.10.00 lakhs cash and a four-wheeler from opposite party no.2 and her parents. When the said demand was not fulfilled by opposite party no.2, she was being tortured and harassed by the revisionist and his family members. The revisionist and his family members were also not happy with the female child i.e. opposite party no.3 so delivered by opposite party no.2 from the aforesaid wedlock in place of male child. Opposite party no.2 being an Indian Lady made a valiant effort to keep her in-laws happy but on 12/10/2012, the husband, father-in-law, mother-in-law and sister-in-law of opposite party no.2 assaulted her brutally, which culminated into lodging of a complaint by her at Women's Police Station, Kanpur Nagar. The police sent opposite party no.2 to the hospital for medical treatment, where she was given treatment, and a case was registered against her in-laws under Ss. 498A, 323 of the Indian Penal Code, which has been registered as Case Crime No. 125 of 2012. It is next alleged that the daughter of opposite party no.2 i.e. opposite party no.3 is a student and her school fees, education expenses etc. are being arranged by the father and brother of opposite party no.2 but after the death of her father, due to lack of proper support from her brothers, she is facing financial problems. The opposite party no.2 has no source of income. Till that date, the revisionist has not given any money for maintenance either to opposite party no.2 or her daughter. The revisionist has a photo studio, from which he earns more than Rs.1.50 lakh per month. On one hand, daughter of the revisionist i.e. opposite party no.3 is studying, the revisionist spends all the money at the behest of his sister Madhurima Dixit and his brother-in-law. Neither the revisionist has given a single penny to opposite party no.3 nor has he ever come to meet her. After selling his house bearing 117/N/24C, Raniganj Tulsi Nagar, Kakadev, father of the revisionist, had given Rs.60,00,000.00 to Madhurima Mishra and the revisionist. On the basis of the aforesaid, a request has been made by opposite party nos. 2 and 3 to provide Rs.55,000.00 per month to them towards their monthly maintenance allowance from the date of filing of the instant case.