HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Revision No. 10 of 2008 Mohd. Irfan S/o Sri Mustaq Hussain, R/o village Pipli Umarpur, Post- Aliabad, Police Station-Dilari, District Moradabad. ----Applicant/Revisionist. Versus Km. Ujjma, minor D/o Mohd. Irfan, through her natural guardian and mother, 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. 233 of 2004 Km. Ujjma vs. Sri Irfan whereby the revisionist-father was directed to pay a sum of Rs. 700/- per month as interim maintenance for his daughter-respondent to the natural guardian of the respondent-daughter i.e. Smt. Phoolzahan-mother of the respondent by 7th day of each month from the date of application. 2. From perusal of the record it reveals that the respondent- daughter of the revisionist filed application u/s 125 Cr.P.C. through her natural guardian-i.e. Smt. Phoolzahan (mother of the respondent) for awarding maintenance against the revisionist-father before the Trial Court, with the averments that marriage in between her mother Smt. Phoolzahan and the revisionist- Mohd. Irfan was solemnized on 13.06.2002 according to the Muslim rituals. Her mother was subjected to 2 cruelty for demand of dowry. The petitioner was given in the custody of her mother on the application moved by her maternal grandfather to the Dy. S.P., Thakurdwara. The father- revisionist contested the proceeding before the Trial Court and filed objection. Although he admitted the marriage, but he declined the cruelty as alleged by his wife Smt. Phoolzahan. After 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 daughter-respondent and the revisionist-father was directed to pay a sum of Rs. 700/- per month as interim maintenance for his daughter-respondent to the natural guardian of the respondent-daughter i.e. Smt. Phoolzahan-mother of the respondent by 7th day of each month from the date of application. 3. Heard Sri Pradeep Hairiya, Adv. holding brief of Sri Ashish 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 father-revisionist is agree to pay Rs. 500/- per month to his daughter-respondent, as her maintenance. 5. Accordingly, the revision is partly allowed. The revisionist is directed to pay a sum of Rs. 500/- per month to his daughter- respondent as maintenance by 7th day of each month through her mother 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. 324/2008 stands disposed of accordingly. (Dharam Veer, J.) 19.06.2008 NCM: