- (1.) This criminal revision is directed against the order dated 27.9.06 passed by the Family Court, Gorakhpur in criminal case No. 340/03, Smt. Kanchan Gupta v. Satendra Kumar Gupta, under Section 125, Cr.P.C. whereby the court allowed the application and granted maintenance of Rs. 3,500/- p.m. to O.P. No. 2 and Rs. 3,500/- p.m. for her son from the date of the petition under Section 125, Cr.P.C.
(2.) It appears from the record that an application under Section 13, Hindu Marriage Act was moved by the revisionist against O.P. No. 2 before the Family Court, Gorakhpur and this was registered as case No. 54/03. The wife Smt. Kanchan Gupta also filed an application under Section 125, Cr.P.C. against the revisionist Satendra Kumar Gupta for her maintenance and for the maintenance of her son and this case was registered as case No. 340/03.
(3.) The case of the revisionist was that O.P. No. 2 had neglected him and is not taking his care and therefore, their marriage be desolved by a decree of divorce. The Case of O.P. No. 2 was that the husband had neglected her and her son and therefore, the divorce suit filed by the husband was liable to be dismissed and she and her son are entitled to maintenance. Both the parties led oral and documentary evidence in support of their cases. The trial court framed as many as six issues for decision of the case. After perusal of the evidence the trial court dismissed the application for divorce which is not the subject matter of this revision as the only prayer has been made before this Court is about the maintenance under Section 125, Cr.P.C. filed by the wife. The application for maintenance was allowed in the manner stated above which gave rise to this revision.;