- (1.) This criminal revision has been filed against the judgement and order dated 09.1.2009 passed by Principal Judge, Family Court, Agra in Case No. 42 of 2006 (Smt. Veerwati and another Vs. Mahesh alias Mahesh Chand) whereby the application of the applicant-opposite party No. 2, filed under section 125 Cr.P.C. was allowed and maintenance at the rate of Rs. 2000/- per month has been granted to the wife and Rs. 700 per month to the minor daughter from the date of application.
(2.) The facts which are requisite to be stated for adjudication of this revision are that an application under section 125 Code of Criminal Procedure was moved by Smt. Veerwati stating therein that her marriage took place about 16 years back with Mahesh and they lived together as husband and wife. From their wedlock two children were born, out of whom son Vishan Singh is living with Mahesh and daughter Soniya is living with her. After the marriage revisionist Mahesh, who was drunkard, used to abuse, beat and torture her. He also used to bring men of bad character for the purpose of gambling and also the women in his house. He also keeps one Manju as his wife and on being objected by the applicant, she was subjected to beating. In a planned manner the applicant-opposite No. 2 was kicked out from the house in the clothes which she was wearing at that time. Stridhan of the applicant-opposite party No. 2 was retained by the revisionist. Thereafter revisionist never came to take her as well as her daughter and also filed a suit for divorce. It is further stated in the application that the revisionist Mahesh works in a hospital and earns Rs. 10,000-12,000/- per month, which he spent on drink, gambling and enjoyment with women.
(3.) The revisionist-Mahesh filed his reply in which he has stated that his marriage took place on 27.4.1978 and from their wedlock one child namely Vishan Singh was born, who is now aged about 18 years and living with the revisionist. The applicant-opposite party is living in adultery and earning Rs. 3000/- per month from the doing the work of labourer. It is also submitted that the revisionist is employed in a nursing home and only earns Rs. 1500/-.;