- (1.) Criminal Misc. Case No. 123 of 2011, Smt. Sangeeta and others Vs. Sunil Kumar under section 125 CrPC was filed by petitioner no.-1 Smt. Sangeeta for herself and her three children namely Manish, Nidhi and Himanshi, for recovery of maintenance from her husband Sunil Kumar Sharma. In said case, trial court had afforded opportunity of hearing to the parties, accepted evidences and after appreciating the same the same, the court of Judicial Magistrate (/Additional Civil Judge, Junior Division), Court No.-2, Bulandshahr had passed judgment dated 18.06.2012 by which said application u/s 125 CrPC was rejected. Against said judgment of trial court, the Criminal Revision No. 320 of 2012 (Smt. Sangeeta and others Vs. State of UP and Another) was preferred which was heard and dismissed by the judgment dated 7.11.2012 of Additional Sessions Judge, Court No.-17, Bulandshahr. By this judgment, revisional court had confirmed findings of the trial court.
(2.) Against the aforesaid judgments, petitioner has filed present writ petition by which request was made for quashing the judgments of both the lower courts and for awarding maintenance allowance to petitioner no.-1 from her husband (respondent no.-2).
(3.) Counsel for the petitioner contended that judgments of lower courts are erroneous and perverse because trial court had not considered the statements of Smt. Sushma, the sister-in-law (Bhabhi) of respondent no.-2, which was given in another criminal proceedings under section 202 CrPC. He further contended that respondent no.-2 (husband) had specifically mentioned in his objection against application before trial court that he is labourer. His contention is that children of petitioner no.-1 and respondent no.-2 are carrying out their studies in a public school and a labourer cannot afford fees and maintenance of such studies, so his objections should not be relied. His further contention is that judgment of lower court, especially of the trial court, are factually incorrect and perverse, and therefore those orders should be quashed and writ petition should be allowed.;