YOGENDRA KUMAR SANGAL,J. - (1.) THIS petition under Section 482 CrPC moved by the petitioner to quash the impugned order dated 08.02.2008 passed by opposite party No. 1 Principal Judge, Family Court, Faizabad in Criminal Case No. 160/2004 Smt. Shama Praveen vs. Mohammad Kalim. Notice for respondent No. 1 was accepted by learned AGA while notice of respondent No. 2 was served upon her but she did not appear before the Court.
(2.) HEARD learned counsel for the petitioner-applicant and learned AGA for the State and perused the record. Admittedly, respondent No. 2 was married with the applicant-petitioner according to the rites and custom of Muslim Religion. For certain period, they lived happy life with no dispute. Later on, as per case of the respondent No. 2, petitioner made a demand of Motor-cycle and Rs. 20,000/- as dowry from her parent, but his this demand was not fulfilled, so she was subjected to harassment and also treated cruelly. She was ousted from her matrimonial house and forced to live with her parent till the demand is not fulfilled. As she was unable to maintain herself and opposite party-petitioner was having sufficient means to maintain her and also he was legally and morally bound to provide maintenance to her, but he neglected to do so, so an application under Section 125 CrPC was moved by her before the respondent No. 1 and claimed Rs. 5,000/- per month as maintenance from the opposite party-petitioner.
(3.) DURING the pendency of the case, she had also applied for interim maintenance at the same rate saying that she has no means to maintain herself and disposal of the case will take long time. She had also prayed for direction to the applicant-petitioner-opposite party to pay the expenses born by her parent for her ailment. This application was partly allowed by the learned Family Court and opposite party-petitioner was directed to pay Rs. 1,500/- per month to the applicant-respondent No. 2. Aggrieved by this order, this petition was moved for setting aside the same.;