TEJPAL SINGH S/O SRI RAJPAL SINGH R/O VILLAGE RAMUWALA GANESH, P.S. & TEHSIL THAKUDWARA, DISTRICT MORADABAD (U.P.) Vs. SMT. OMWATI W/O TEJPAL,
HIGH COURT OF UTTARAKHAND
Tejpal Singh S/O Sri Rajpal Singh R/O Village Ramuwala Ganesh, P.S. And Tehsil Thakudwara, District Moradabad (U.P.)
Smt. Omwati W/O Tejpal,
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Prafulla C. Pant, J. -
(1.) HEARD . This revision is directed against the judgment and order dated 29.11.2010, passed by Judge Family Court, Udham Singh Nagar, Camp Kashipur, in Criminal Misc. Case No. 315 of 2007, whereby said court has directed the revisionist to pay maintenance @ Rs. 1000/ - per month to his wife, and Rs. 500/ - per month to each of his children (in all Rs. 2000/ - per month).
(2.) BRIEF facts of the case are that the respondent No. 1 Smt. Omwati got married to the revisionist, and two children (one son and one daughter) were born out of the wedlock. It is further pleaded by the respondent No. 1 that she was forcibly ousted from her in -law's house, and compelled to leave the house of her husband. She has further stated that she was beaten by the revisionist. It is also pleaded by her that her husband (revisionist) not only has income from the agriculture but also runs a shop. Alleging that Rs. 30,000/ - per month is the income of her husband, the respondents (wife and the minor children) claimed maintenance @ Rs. 2,000/ - per month. The revisionist contested the application moved under Section 125 of Cr.P.C., by the present respondents before the trial court but admitted that he got married to respondent No. 1 Omwati. It is also admitted by him that respondent No. 2 Km. Himani and respondent No. 3 Himanshu are his children. However, he denied having ill -treated the respondents for getting them ousted from his house. It is also pleaded by him that he is a labourer. The revisionist further pleaded that his wife (present respondent No. 1) know stitching and embroidery work and earns by doing said job @ Rs. 4000/ - per month.
(3.) THE trial court recorded evidence of the parties, and after hearing them found that respondent No. 1 is entitled to maintenance @ Rs. 1000/ - per month, and each of the children (i.e. respondent No. 2 and 3) are entitled to maintenance @ 500/ - per month from the revisionist.;
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