SACHIN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been preferred by the revisionist against the impugned judgement and order dtd. 11/1/2024 passed by Additional Principal Judge, Family Court No.02, Muzaffarnagar in Case No. 528 of 2019 (Smt. Kavita Vs. Sachin), under Sec. 125 Cr.P.C., Police Station Charthawal, District Muzaffarnagar whereby the learned trial Court has allowed the application under Sec. 125 Cr.P.C. and directed the revisionist to pay Rs.4,000.00 per month to the opposite party no.2 (wife) towards her maintenance from the date of application i.e. 23/7/2019.

(2.) As per the averments made in the maintenance petition, the marriage between the revisionist and opposite party no.2 was solemnized on 7/2/2010 as per Hindu rituals and customs. Soon after the marriage, husband (revisionist) of the opposite party no.2 and his other family members started demanding additional dowry of Rs.2,51,000.00 and one car. They threatened her that if she does not bring Rs.2,51,000.00 and one car, they would torture her. She was harassed mentally and physically by them. From the beginning just after the marriage, her father-in-law used to behave vulgarly with her. When opposite party no.2 narrated the aforesaid facts to her family members, father of the opposite party no.2 has given Rs.1.00 lakh to her in-laws and stated that he was not in a position to pay the remaining amount as well as car as demanded by her in-laws. When opposite party no.2 became pregnant in the year, 2011, they threatened her that until her parents do not fulfill the aforesaid demand of dowry, they would not allow her to be a mother and they attempted to kill the baby conceived by her. When the condition of opposite party no.2 became serious, her family members reached her in-laws' house, and took her to hospital at Muzaffarnagar and from where, she was referred to Meerut. Her treatment was carried out in Jyoti Nursing Home at Meerut, the baby conceived by her died due to physical assault caused by her in-laws. Opposite party no.2 again became pregnant in year, 2015 but they again assaulted her. Thereafter, she was brought to Tyagi Nursing Home at Muzaffarnagar by her brothers, doctor performed operation on her. On 24/5/2019, they again assaulted and ousted her. Thereafter, she reached her maika and narrated the whole incident to her parents.Thereafter, opposite party no.2 went to the police station Charthawal to lodge F.I.R. against revisionist and his family members but police did not take any action. On 30/5/2019, a notice was sent to her by the revisionist (husband) stating therein that he would enter into second marriage, if she failed to give consent for him to do so within seven days. On 23/6/2019 at around 6 pm, while she was alone at her maika, revisionist along with his other family members came to her maika. Revisionist Sachin attempted to kill her but when she raised alarm, some persons of nearby locality came there and saved her life. Thereafter, on 24/6/2019, she has given application to Senior Superintendent of police, Muzaffarnagar by registered post and the said application is under consideration. Her parents made request to her in-laws to keep her but they refused. She has no means of income to maintain herself and now she is dependent on her father. She stated that revisionist owns 15 to 20 bighas of agricultural land from which he earns about Rs.1.00 lakh per month apart form that he has other sources of income from which he earns about Rs.50,000.00 Thus, he earns in total about Rs.1.5 lakh per month.

(3.) The revisionist/opponent has presented the objection stating therein that the story narrated by the opposite party no.2 in the petition is forged and fabricated whereas the true fact is that when no child was born of their wedlock, she was taken for medical checkup where it was allegeldy found that she is not physically fit to conceive. Being hopeless, she requested him to perform second marriage. Since he is the only son of his family, therefore, even he was not intending to marry again but on her request he agreed. Thereafter, opposite party no.2 went to her maika. The revisionist and his family members made every efforts to know the opinion of her parents in this respect but no reply was received at their end. Opposite party no.2 has lodged a false case regarding additional dowry against him and his other family members including his old parents and one unmarried sister. He further stated that he does not own any agriculture land, house in his name or bank balance and he earns his livelihood by working as a labour. Opposite party no.2 has left his house on her own. She earns about Rs.5,000.00 to 7,000/- per month by doing stitching and embroidery work.