ARSHIYA RIZVI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present revision has been preferred with a prayer to quash the judgment and order dtd. 22/5/2018, passed by the Principal Judge/A.D.J., Family Court, Lucknow in Criminal Case No.360/2007 (Baby Sukaina @ Zahra Rizvi and another Vs. Shri Adil Rizvi), so far as it relates to the rejection of the application under Sec. 125 Cr.P.C. in respect of revisionist no.1 and also enhance the amount of maintenance awarded to the revisionist no.2.

(2.) Revisionist no.1-wife and revisionist no.2-daughter of opposite party no.2, filed application under Sec. 125 Cr.P.C. stating therein that revisionist no.1 was married to opposite party no.2 on 15/1/2003 at Lucknow according to Muslim religion (Siya) rites. After marriage, revisionist no.1 - wife came to the house of opposite party no.2 - Shri Adil Rizvi and led her marital obligation. Out of the wedlock of revisionist no.1 and opposite party no.2, a girl child was born on 7/7/2004. It has been further mentioned in the application that parents of revisionist no.1 - wife had given dowry as per their financial condition like golden and silver jewelary, clothes, colour television, C.D. player, washing machine, fridge, A.C. and furniture etc. Rs.40,000.00 and a motorcycle was demanded by the father of opposite party no.2. His father asked the revisionist no.1 to bring the aforesaid amount and motorcycle from her parents. The mother of opposite party no.2, Smt. Khurshid Zamal @ Rani asked revisionist no.1 to bring one Maruti Car, one Generator as dowry as her father promised to give the same. The application further indicates that after sometime of marriage, the relation between revisionist no.1 - wife and opposite party no.2 - husband started getting strange disposition and they created pressure to bring dowry as mentioned aforesaid. When the dowry demand could not be fulfilled by revisionist no.1, opposite party no.2 and his family members beaten her on 15/9/2003. When the said fact was known to parents of revisionist no.1, they complained in police and on his complain, opposite party no.2 and his family members requested to pardon them and made promise that they would not do any act of harassment against her. The revisionist no.1 was again beaten by opposite party no.2 and his mother on 5/5/2004 and they threw-out her from their house. She reached her parents' house and she was hospitalized in Vardan Nursing Home, where a girl child Sukaina @ Zahra Rizvi was born. The opposite party no.2 was not providing any maintenance, therefore, she filed an application under Sec. 125 Cr.P.C. for maintenance.

(3.) The opposite party no.2 filed objection before the court below and denied the incident dtd. 26/11/2003 and stated that she has not produced any evidence regarding that incident. He further stated that he had borne the expenditure of Nursing Home at the time of birth of his daughter. He further stated that the revisionist no.1 is graduate and earning Rs.4,000.00 per month from tuition. He further stated that the father of revisionist no.1 is a gazetted officer and he is receiving salary at Rs.40,000.00 and her mother is also a teacher in primary school and her salary is Rs.22,000.00 per month. It was also stated that the financial position of revisionist no.1 is strong, therefore, there is no occasion to provide her maintenance as she can maintain herself.