- (1.) Heard Shri Kunwar Mayank Singh, learned counsel for the revisionist.
(2.) The present revision is directed against the judgment and order dated 12.12.2012 passed by Principal Judge, Family Court, Allahabad in Case No.687 of 2008, Smt. Manju Devi Vs. Rajesh Kumar, under section 125, Cr.P.C., P.S. Colonelganj, District Allahabad whereby the revisionist was directed to pay Rs.5,000/- as maintenance to the opposite party no.2. Before the court below O.P. No.2 filed an application under section 125, Cr.P.C. stating therein that she was married to the revisionist at Allahabad and lived with him in her Sasural. The revisionist works as electrician and earns about Rs.10,000/- per month. He also runs electrical shop. His total income is about Rs.50,000/- per month. He is in the habit of taking liquor and under the influence of drink he used to beat the opposite party no.2. Out of their wedlock O.P. No.2 gave birth to two female children, now aged about 14 years and 11 years and one male child. Since 5-6 years the revisionist has left the opposite party in her Mayaka and went to Delhi, thereafter, he did not come back to take her back. He has not given any maintenance to the opposite party and her children. The opposite party is unable to maintain herself. She has requested Rs.10,000/- to be awarded as maintenance to her.
(3.) On behalf of revisionist written statement was filed. Averments made in the application were denied. In the additional pleas it has been stated that under the influence of her parents and sisters the opposite party pressed him to live in her Mayaka. When he declined, she left him and presently living at Allahabad with her children. On behalf of Opposite Party No.2, Smt. Manju Devi, PW-1 and on behalf of revisionist Rajesh Kumar, DW-1 were examined. After hearing the parties the learned trial judge has held that opposite party no.2 is the wife of the revisionist. Revisionist has neglected to maintain opposite party no.2. Opposite party no.2 is unable to maintain herself and her minor daughter. The revisionist is earning more than Rs.10,000/- per month. The revisionist was directed to pay Rs.3,000/- per month for the maintenance of opposite party no.2 herself and Rs.2,000/- per month for the maintenance of his minor daughter till she attains majority. Feeling aggrieved the revisionist has preferred the instant revision on the ground that impugned order is illegal and arbitrary.;