AMOD KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) WHETHER an unmarried daughter who has attained majority, but unable to maintain herself and a wife, who wilfully disobeys the directions given by the Court in the decree for the restitution of conjugal rights, can claim maintenance allowance under the provisions of section 125 of the Code of Criminal Procedure, 1973 (in short 'the Cr. P. C) are the main questions that fall for consideration in these revisions.

(2.) CHALLENGE in both these revisions is to the judgment and order dated 24. 6. 2006 passed by the Family Court, Varanasi in case No. 12 of 2002, Smt. Neelam srivastava v. Sri Amod Kumar Srivastava, whereby allowing the application under section 125, Cr. P. C, maintenance allowance @ Rs. 2,500 per month to Smt. Neelam srivastava and Rs. 2,000 per month to both the daughters namely Km. Bhavya and Km. Divya (opposite party Nos. 3 and 4 in Criminal Revision No. 4400 of 2006) has been granted from the date of order. Smt. Neelam srivastava has prayed in Criminal Revision no. 5598 of 2006 to enhance and grant maintenance allowance from the date of application under Section 125, Cr. P. C.

(3.) SHORN of unnecessary details, the facts leading to the filing of these revisions, as emerging from the record, in brief, are that marriage of Sri Amod Kumar Srivastava and Smt. Neelam Srivastava took place according to the Hindu rites and rituals in the year 1981. Out of the wedlock, the couple was blessed with two daughters namely Km. Bhavya and Km. Divya. Unfortunately their marriage could not succeed. Ultimately, smt. Neelam Srivastava had to resort to the provisions of Section 125, Cr. P. C. and she filed an application for maintenance against her husband Sri Amod Kumar Srivastava on 12. 3. 1986 in the Court of Munsif Magistrate, Varanasi. The case remained pending for a considerable long period and ultimately the application under Section 125, cr. P. C. was allowed vide impugned order dated 24. 6. 2006 passed by the Family Court, varanasi, whereby the maintenance allowance as mentioned in Para (2) above has been granted from the date of order. Hence these revisions.