KUNWERSEN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a revision Under Section 397, Cr. P.C. against the judgment and order dated 21.4.1994 passed by the Judge, Family Court, Bareilly in a petition Under Section 125, Cr.P.C, being Criminal Misc. No. 985 of 1992, Smt. Premwati v. Kunwersen, whereby the learned Family Court allowed the petition for maintenance to the wife and has awarded Rs. 300/- for her maintenance and Rs. 150/- for each of the four children w.e.f. 19.12.1992, the date of the petition.

(2.) Smt. Premwati, O.P. No. 2 filed a petition Under Section 25, Cr. P.C. before the Family Court., Bareilly, in which she claimed that she is the wife of the revisionist Sri Kunwersen and out of this wedlock, four children were born to the couple. Thereafter, the revisionist deserted her. She is unable to maintain her, whereas, the revisionist gets more than Rs. 2500/- p.m., being an employee of the Railway Deptt. He has failed to maintain her.

(3.) The written statement filed by the revisionist dated 16/17.9.1992, contains denial that the petitioner is the wife and the four children are his issues with the petitioner. In fact, he is married to Smt. Ram Beti and he never married with petitioner. The petitioner had filed an earlier petition Under Section 125, Cr.P.C, which is found to be false. She has played a fraud and, therefore, she should be punished for that.