ASLAM ABBASI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present revision has been filed by revisionist/husband against order dated 10.08.2017 passed by learned Judge, Family Court, Fast Track Court No.1, Agra in Case No.338 of 2014 (Smt. Shahnaz Abbasi and others Vs. Aslam Abbasi) under Section 125 Cr.P.C., Police Station- Lohamandi, District- Agra.

(2.) Learned Judge, Family Court, Agra passed the order to pay Rs.10,000/- (Rs.5,000/- for applicant- Smt. Shahnaz Abbasi and Rs.5,000/- for their minor son Mohd Raza) total 10,000/- per month as interim maintenance.

(3.) In the memo of revision the revisionist has stated that he was married with respondent no.2 on 21.02.2011 and respondent no.3 is his son born out of wedlock of respondent no.2 and revisionist. Revisionist has further stated that he was paying proper care and respect to respondent nos. 2 and 3, but respondent no.2 was reluctant with respect and supervision of old parent of revisionist. She has left her matrimonial home without any sufficient reason. Therefore, she is not entitled for any maintenance. Revisionist has got allotment of one house under Avas Vikas Yojan Sikandra, Agra after taking the loan Rs.17,50,000/- as repayment on monthly installments. Respondent is working as Seechpal in Irrigation Department and getting Rs.23,134/- per month as a salary. Revisionist is also taking care of his old parents. Father of revisionist is suffering from malignancy and is under treatment. Respondent no.2 is a graduate educated lady. She is expert in work of sewing and weaving and also doing the job of tuition. She is well capable to earn and maintain herself and her son. During the proceeding of mediation, respondent no.2 has refused to reside with revisionist. Respondent no.2 has filed an another case under Domestic Violence Act as Case No.653 of 2014 (Smt. Shahnaz Abbasi Vs. Aslam Abbasi) under Section 12 of Domestic Violence Act, P.S.- Shahganj, District- Agra, wherein revisionist is paying Rs.2,000/- per month as interim relief. Respondent no.2 has also lodged a F.I.R. against the revisionist and his relatives as Crime No.144 of 2016, under Sections 498-A, 323, 504, 506, 376/511 I.P.C. and -? Dowry Prohibition Act, P.S.- Mahila Thana, District- Agra in which police has submitted final report which has been accepted by learned Magistrate. Against the acceptance of final report, respondent no.2 had filed Criminal Revision No.389 of 2014 which too was dismissed by the court on 30.09.2015. Revisionist is ready to keep his wife and son with him but respondent no.2 is not ready. Rs.10,000/- as interim maintenance is too excessive and exorbitant for revisionist. Hence impugned order dated 10.08.2017 be set aside and revision is liable to be allowed.