MOHD. Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in the present writ petition is the order dated 30.09.2013 passed in Criminal Revision No.78 of 2012 whereby the Rivisional Court allowed the revision filed by respondent no.2 and set aside the judgment and order dated 30.03.2012 passed by the trial court and remanded the matter back to the trial court to decide the case afresh in accordance with the direction passed by learned revisional Court.

(2.) Respondent number 2, wife of the petitioner filed an application under Section 125 of the Cr.P.C. claiming maintenance from him before the learned judicial Magistrate, Court No.27, Barabanki. Respondent No.2 stated that she got married with the petitioner in accordance with the Muslim rites and rituals. The petitioner and his family members tortured respondent No.2 for more dowry. She would tell ordeal to his parents and other family members. Her parents would make her understand and send her back to her in-laws place. Respondent No.2's suffering continued and one day the petitioner and his family members threw her out along with her seven months old daughter after taking all her jewellery and belongings. She came back to her parents place.

(3.) It is further said that respondent No.2's father died due to sock received by him because of the ill treatment meted out to Respondent No.2 by her in-laws including the petitioner. Respondent No.2 also fell ill and she got herself treated in a hospital at Lalbagh Lucknow. The petitioner got married to another girl who was resident of Dariabad. Respondent No.2 alleged that she was unable to maintain herself and she was on the verge of starvation. It was said that the petitioner was a Teacher at Islamia School and he was getting Rs.6,000/- per month. Respondent No.2 was uneducated and unskilled and not able to maintain herself and her minor daughter. In view there of, Respondent No.2 prayed for petty amount of Rs.800/- per month as maintenance.