RAJESH KUMAR GAUTAM Vs. MADHU PRASAD & ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioner at admission stage.

(2.) This Revision Petition under sec.397 read with sec.401 CrPC is directed against the order dated 13 th July 2011 passed by learned Judge, Family Court, Udaipur in Cr. Case No.147/2009, whereby application of respondent-wife preferred under sec.125 CrPC was allowed and the petitioner-husband was directed to make payment of maintenance allowance of Rs.2500/- per month to the respondent-wife for herself as also Rs.2500/- per month for their minor daughter, in all Rs.5000/- per month, from the date of filing of the application (17.12.2008).

(3.) Briefly stating facts of the case are that petitioner married with respondent-wife on 22.05.2002 with rites & rituals of their customs and out of their wedlock, a female child (non-petitioner No.2) born on 20.8.2003. The nonpetitioner wife preferred an application under sec.125 CrPC before learned Family Court, Udaipur inter alia, averring that after some time of the marriage the petitioner-husband and the in-laws started giving her maltreatment, demanding more dowry. Her father managed to get service to the petitioner-husband in Udaipur and arranged a rented premises for them but after serving for one year, in the year 2003 he left for Kanpur. Baby Gungun (non-petitioner No.2) born on 20.08.2003, upon which petitioner-husband came for some time but again left to Kanpur. Her father tried to give all understanding to her husband but the petitioner-husband has been giving him abusive treatment.