LEHRI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397/401 Cr.P.C., is directed against the judgment and order dated 20.2.2006 passed by Judge, Family Court, Udaipur (for short 'the family court' hereinafter) whereby the trial court awarded maintenance @ Rs. 500/- and Rs. 300/- per month in favour of non-petitioner No.2 wife and non-petitioner No.3 son respectively and @ Rs.200/- per month in favour of Miss Anita on an application filed by non-petitioners No. 2 and 3 under Section 125 Cr.P.C. Aggrieved by the order impugned, the petitioner has filed the instant revision petition.

(2.) I have heard learned counsel for the petitioner and carefully gone through the judgment and order impugned. Non-petitioners No. 2 and 3 filed an application seeking maintenance against the petitioner on the ground that the petitioner married to non-petitioner No.2 seven years ago according to Hindu Rites and from the loin of the petitioner, nonpetitioner No.2 Raju was born. It is alleged that the petitioner started harassing the non-petitioner No.2 on account of demand of dowry. She was turned out of her matrimonial home by pushing her and was asked to bring a sum of Rs. 50,000/- from her father so that the petitioner could purchase a new tractor. It is also alleged that since then, she has been residing at her parents' house. She claimed maintenance of Rs.2000/- per month for herself, Rs.1000/- per month for minor son Raju and Rs.500/- for medical expenses as she was pregnant. It is alleged that the petitioner earns Rs. 10,000/- per month by undertaking the work of Sweet maker at Mumbai and apart from this, the petitioner has 10 bighas of land by which he earns Rs. 5000/- per month; he lands the money on interest and as such he earns Rs. 20,000/- per month.

(3.) The trial court relying on the evidence produced by the non-petitioners, came to the conclusion that the petitioner failed to maintain the non-petitioners No.2 and 3 and nonpetitioner wife was harassed on account of demand of dowry and turned out of her matrimonial home. The non-petitioner wife appeared as AW-1 and produced AW-2 Dhanna and AW-3 Bhuralal. The petitioner himself appeared as NAW-1 and produced NAW-2 Ganeshlal and NAW-3 Lachhiram.