VIRENDRA SINGH Vs. PUSPA DEVI AND OTHERS

JUDGEMENT

(1.) JUDGMENT Both these revisions have been pre­ferred against the common judgment and order dated 27.9.2006 passed by Judge, Family Court, Pauri Garhwal and the mat­ter in dispute is also one and the same, hence both these revisions are being heard and disposed of by this common judgment and order.

(2.) BOTH the criminal revisions, pre­ferred by the revisionists' under Sections 397/401 of The Code of Criminal Proce­dure, 1973 (hereinafter to be referred as Cr.P.C.) r/w Section 19(4) of Family Courts Act, 1984, are directed against the common judgment and order dated 27.09.2006 passed by Judge, Family Court, Pauri Garhwal in Misc. Crl. Case No.31 of 2006, Smt. Pushpa and another Vs. Virendra Singh, whereby the learned Judge Family Court has directed the revi­sionist-husband (Virendra Singh) to pay Rs.4,500/- per month (Rs.2,700/- per month for wife and Rs. 1,800/- per month for daughter) as maintenance allowance to the respondent-wife from the date of application.

(3.) BRIEFLY stated, facts of the case are that Respondent No. 1-wife (Smt. Pushpa Devi) moved an application u/s 125 Cr.P.C. with the averments that she got married with the revisionist-Virendra Singh on 5.5.2002 as per Hindu RITES. Out of the said wedlock, a girl Km. Kanika (re­spondent no.2) was born. Soon after the marriage, she was being harassed by re­visionist-husband and his family members for dowry and they also demanded Rs.50,000/- from her. It was also stated that on 29.10.2005, revisionist-husband and his family members ousted the re­spondent no. 1-wife along with his daugh­ter. The father of respondent no. 1 per­suaded the revisionist and his family mem­bers understand but all was in vein. It was further stated that revisionist is posted as Lecturer in a Govt. Inter College, Pauri Garhwal from where he gets Rs.12,000/-per month. On the other hand, respond­ent no. 1-wife has no source of earning and she is unable to maintain herself. With all these averments, an amount of Rs.5,000/- per month for maintenance of respond­ent no. 1 -wife and Rs.3,000/- per month for maintenance of respondent no.2-daughter, in total Rs.8,000/- per month was sought as maintenance. The revision­ist appeared before the court below, filed his written statement and denied most of the averments made in the application. After hearing counsel for the parties and appreciating the material on record, learned Judge, Family Court, Pauri Garhwal per judgment and order dated 27.9.2006 directed the revisionist as above. Feeling aggrieved with the afore­said judgment and order, the revisionist-Virendra Singh has filed Crl. Revision No.215/2006. Criminal Revision No. 138 of 2008 has been preferred by wife Smt. Pushpa Devi on behalf of herself and her daughter for enhancement.