VASIM ANWAR Vs. RABIA BEGUM

JUDGEMENT

(1.) This criminal revision under section 397 read with section 401 of the Code of Criminal Procedure has been preferred by the applicant being aggrieved by the impugned order dated 30-5-2009 passed by the Presiding Officer, Family Court, Sagar in MJC No. 139/2008, whereby the application filed under section 125 of Criminal Procedure Code by the respondents has been allowed and the applicant is directed to pay maintenance at the rate of Rs. 2000/-per month to respondent No. 1 and Rs. 1000/- per month to respondent No. 2.

(2.) The brief facts of the case are that the respondent No. 1 was married with applicant on 17-7-1996 and respondent No. 2 was born out of their wedlock who is residing with her mother. From the very beginning, the applicant used to demand dowry, subject her to cruelty and cause her marpeet on account of which she had lodged report. She also averred that the applicant also used to pressurize her to make illegal contacts with his friends for which she refused. She felt danger, therefore she is residing with her parents. She is not doing any job and unable to maintain herself. On the contrary the applicant is a Lecturer in Dr. Hari Singh Gaur University, Sagar and is getting Rs. 18,000/- per month as salary. Apart from it he owns a pakka house and is earning Rs. 5,000/- per month therefrom. Thus he is able to pay maintenance. An application under section 125, Criminal Procedure Code was filed by the respondents claiming maintenance allowance @ Rs. 4,000/- per month.

(3.) Applicant filed written statement denying the averments made by the respondents mainly contending that respondent No. 1 lived with him only for three months and thereafter she has gone to her parental house on her own accord. She used to pressurize him to live at her parental house for which he refused, therefore she is residing with her parents. He has also stated that respondent No. 1 is earning Rs. 4,000/- from tuition and she has also got FDR of Rs. 5 lakhs and is getting Rs. 8,000/- per month as interest thereon. He has further averred that he is a Lecturer on ad hoc basis in Dr. Hari Singh Gaur University, Sagar and is getting Rs. 10,000/- per month as salary. He has to look after his old parents and unemployed brother. He has further stated that since she herself has obtained divorce, therefore she is not entitled for maintenance.