YOGESH KUMAR Vs. SMT. RENU

JUDGEMENT

(1.) This criminal revision has been preferred by the revisionist against the impugned judgement and order dtd. 4/4/2023 passed by Principal Judge, Family Court, Kanpur Dehat in Original Suit No. 921 of 2014 (Smt. Renu and another Vs. Yogesh Kumar), under Sec. 125 Cr.P.C., Police Station Shivrajpur, District Kanpur Dehat whereby learned Principal Judge, Family Court, has directed the revisionist to pay Rs.5,000.00 per month to his wife/opposite party no2 and Rs.4,000.00 per month to his son/opposite party no.3 towards their maintenance.

(2.) As per the allegations made in the maintenance petition, the marriage between the revisionist and opposite party no.2 was solemnized on 26/5/2009 as per Hindu rituals and customs and out of their wedlock a son Krishna/opposite party no.3 was born on 16/2/2011. Just one week after the marriage, the husband and his relatives started demanding dowry of Rs.2.00lakh and started harassing her physically and mentally. The brother of opposite party no.2 went to her in-laws' house to discuss the matter but the in-laws started abusing and threatening the opposite party no.2 and her brother. The opposite party no.2 and her brother returned to their parental home and now she is dependent on her father. The revisionist is a prosperous farmer with 26 bigha of land and his annual income is approximately Rs.6.00 lakh and monthly income is approximately Rs.50,000.00 The revisionist/opponent has presented the objection and accepted the marriage with opposite party no.2 and the fact that from the said wedlock a son was born on 16/2/2011. He stated in his objection that he never harassed the opposite party no.2 (wife) for dowry. The opposite party no.2 left his home with her brother without any reason. He stated that he made every efforts to keep her with him but she did not return to live with him. He further stated that he earns his living by working as a laborer on his agricultural land apart from that he has no other source of income.

(3.) In the oral evidence, the opposite party no.2 Renu (wife) examined herself as PW1, Prem Narayan as PW2 and Vinod Katiyar as PW3. In the documentary evidence, a marriage card, photocopy of Aadhar Card and copy of Khatauni of agricultural land have been filed.