IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL REVISION NO.183 OF 2004 Padam Singh … Revisionist Versus State of Uttaranchal & another … Respondents Dated: July 21, 2010 None is present for the revisionist, though list has been revised Ms. Seema Sirohi, Adv. for the respondent HON. DHARAM VEER, J. This criminal revision, preferred under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) r/w Section 19 of the Family Courts Act, 1984, is directed against the judgment and order dated 4.9.2004 passed by the Principal Judge, Family Court, Nainital in Misc. Crl. Case No.163 of 2003, Smt. Kamla Devi & another Vs. Padam Singh. I have heard learned counsel for the parties and perused the material on record. In brief the facts of the case are that the respondent no.2-Smt. Kamla Devi moved an application u/s 125 Cr.P.C. with the allegations that she got married with the revisionist on 11.12.1984 as per Hindu RITES. After the marriage, the respondent no.2 started performing her marital obligations, but the revisionist never treated her cordially rather he used to level charge against her of being characterless and due to this reason, he used to oust her after beating. In the month of October 1996, the revisionist came in the night, beaten her and directed her that she want to marry someone else and thereafter he ousted her from the 2 house and after that she along with her children came at her parental house. Thereafter, the revisionist never pay any heed towards her nor gave anything for her maintenance and left her after committing physical and mental harassment upon her. The revisionist was shown to be a contractor by which he was earning Rs.1,500/- per month and also said to be having 80 Nalis of land from where he used to produce the crops and also shown to be earning Rs.1,500/- per month from various other sources, however she was unable to maintain herself. The revisionist appeared before the court below and denied the allegations made in the application. After hearing counsel for the parties, perusing the entire facts and circumstances of the case, the court below vide judgment and order dated 4.9.2004 allowed the petition filed by the respondent no.2 thereby directing the revisionist to pay Rs.750/- each per month to the respondent nos.2 and her son respondent no.3 (till he attains majority), in total Rs.1,500/- per month from the date of application i.e. 24.12.2003. Feeling aggrieved, the instant revision has been preferred. About the revisionist is concerned, the revisionist stated before the court below that the respondent no.2 could not produce any documentary evidence in support of the income of the revisionist, as stated by her in the application. The revisionist stated shown his income as Rs.2400/- per month i.e. Rs.80/- per day being a labourer. The court below held that the revisionist too did not rightly disclose his income. It was also held by the court below that even if Rs.3,500/- is assumed as minimum monthly income of the revisionist, in that case also, the revisionist can easily maintain his wife and son and accordingly, the court below vide the impugned order, proceeded to direct the revisionist to pay Rs.750/- per month to his wife and Rs.750/- per month to his son till he attains majority, in total Rs.1,500/- per month, from the date of application. From the overall 3 analysis of the matter, I find that the court below rightly awarded the maintenance amount against the revisionist and this Court does not find any justification or reasonable ground to interfere with the judgment and order passed by the court below. Even I do not find any illegality, impropriety or incorrectness in the judgment and order dated 04.09.2004 passed by the learned Principal Judge, Family Court, Nainital. For the reasons recorded above, the revision is devoid of merits and is accordingly dismissed. The judgment and order dated 04.09.2004 passed by the court below is affirmed. Interim order dated 26.10.2004 is vacated - . (Dharam Veer, J.) July 21, 2010 Rajeev Dang