HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Revision No. 11 of 2008 Mohd. Irfan S/o Sri Mustaq Hussain, R/o village Pipli Umarpur, Post- Aliabad, Police Station-Dilari, District Moradabad. ----Applicant/Revisionist. Versus Smt. Phoolzahan W/o Sri Irfan D/o Sri Chhote, R/o village Barkhera Pandey, Tehsil & P.S. Kashipur, District Udham Singh Nagar. ------- Respondent Sri Pradeep Hairiya, holding brief of Sri Ashish Kumar Joshi, learned counsel for the revisionist. Smt. Pushpa Joshi, learned counsel for the respondent. Dated: 19th June, 2008 Hon’ble Dharam Veer, J. This revision preferred u/s 397/401 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) read with Section 19(4) of the Family Court Act has been directed against the judgment and order dated 19.09.2007 passed by the learned Judge, Family Court, Udham Singh Nagar in Misc. Case no. 159 of 2003 Smt. Phoolzahan vs. Sri Irfan whereby the revisionist-husband was directed to pay a sum of Rs. 1,500/- per month to the respondent-wife as interim maintenance by 7th day of each month from the date of application. 2. From perusal of the record it reveals that the respondent- wife filed application u/s 125 Cr.P.C. for awarding maintenance against the revisionist-husband before the Trial Court, with the averments that marriage in between her and the revisionist was solemnized on 13.06.2002 according to the Muslim rituals. She was subjected to cruelty for demand of dowry. The husband- revisionist contested the proceeding before the Trial Court and filed objection. Although he admitted the marriage, but he declined the cruelty as alleged by the wife-respondent. After 2 hearing learned counsel for both the parties the Trial Court vide his impugned judgment and order dated 19.09.2007 allowed the application of the wife-respondent and directed the revisionist to pay a sum of Rs. 1,500/- per month to the respondent-wife as interim maintenance by 7th day of each month from the date of application. 3. Heard Sri Pradeep Hairiya, Adv. holding brief of Sri Ashish Kumar Joshi, learned counsel for the revisionist and Smt. Pushpa Joshi, learned counsel for the respondent and perused the record. 4. During the course of arguments, learned counsel for the parties have submitted that the dispute in between the parties has been settled amicably and in this regard a compromise has been arrived at in between the parties according to which the husband-revisionist is agree to pay Rs. 1,000/- per month to his wife-respondent, as her maintenance. 5. Accordingly, the revision is partly allowed. The revisionist is directed to pay a sum of Rs. 1,000/- per month to his wife- respondent as maintenance by 7th day of each month from the date of application. The arrears in lieu thereof shall be paid within a period of three months from today. 6. The Stay Application no. 323/2008 stands disposed of accordingly. (Dharam Veer, J.) 19.06.2008 NCM: