ARIF HUSSAIN Vs. AJRA BANO AND ANR.

JUDGEMENT

(1.) The instant revision petition has been preferred by the petitioner Arif Hussain s/o Tahir Hussain, r/o 45, Ramdwara Chowk, Bhupalwari, Udaipur against the Order dt. 25.11.2009 passed by the Judge, Family Court, Udaipur in Criminal Case No. 462/2006, whereby he allowed the application filed by the respondents under Sec. 125 Cr.P.C. and granted maintenance of Rs.700/- to respondent No. 2 from the date of Order and Rs.400/- from 22.07.2006 to 24.11.2009.

(2.) The brief facts of the case giving rise to the present revision petition are that the respondent filed an application under Sec. 125 Cr.P.C. against the petitioner alleging inter alia that respondent No. 1 was married to the petitioner on 14.02.1999. Out of the wedlock three daughters, namely, Nosin, Aafreen and Ms. Najneen were born. It was alleged that after marriage the petitioner started harassing and humiliating on demand of more dowry and on account of non-fulfilment of the said demand she was turned out of the house. Further it was alleged that the petitioner is engaged in the business of manufacture of iron almirah and cooler etc. and is earning around Rs.8,000/- per month. It was alleged that respondents have no source of income, therefore, a sum of Rs.3500/- be awarded to the respondents.

(3.) In reply to the application filed by the petitioner it was staled that the he had not made any demand of dowry and had not harassed the respondent No. 1 for the said demand. The petitioner further alleged that respondent No. 1 had filed FIR for an offence under Sec. 498A IPC, in which the police, after thorough investigation filed FR in the matter. He had also filed an application for restitution of conjugal rights. It was also alleged that respondent No.1herself had left the house of the petitioner of her own accord. It was further stated that her two daughters are living with the petitioner and he has also given customary divorce to respondent No.1on 27.09.09.