SHIV KUMAR VERMA Vs. JUDGE FAMILY COURT GORAKHPUR

JUDGEMENT

(1.) THIS revision has been directed against the order dated 14.11.1995 passed by the Judge Family Court. Gorakhpur in Criminal Misc. Suit No. 41 of 1994 allowing the application of the respondent No. 2 by awarding Rs. 400 per month as maintenance.

(2.) SRI Tripathi B. G. Bhai has submitted that the allegation of torture on the basis of claiming dowry has not been proved. The respondent No. 2-wife was having mental disorder and while she was being treated at Gorakhpur, on one occasion she got down to the house of the parents on the way and refused to go with the revisionist and claimed maintenance on false allegations. It has also been submitted that the income of the revisionist is not sufficient to pay the awarded amount. SRI O. P. SRIvastava learned counsel for the respondent No. 2 has referred the cross-examination of the revisionist examined before the Judge Family Court wherefrom it appears that on the date of his examination she was present at court room. The revisionist thereby admitted that she was not showing any unusual gesture and posture befitting to mental patients. It has also been stated "Kabhi Bhi Usne Paged Aurat Ke Tarah Se Aacharan Nahi Kiya."