IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL REVISON NO. 198/2005 Idrish …….Revisionist Versus Judge, Family Court, Udham Singh Nagar & Ors. …….Respondents July 28, 2010 Hon’ble Dharam Veer, J. Heard Mr. SK Mandal, Advocate for the revisionist and Mr. Amit Bhatt, Addl. GA for the State. None appeared for the respondent no. 2 despite being served personally. This criminal revision preferred under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) read with Section 19(4) of the Family Courts Act is directed against the judgment and order dated 20.9.2005 passed by the Judge, Family Court, Rudrapur, Udham Singh Nagar in Criminal Misc. Application No. 170/2004, Smt. Kherunisha & Ors. v. Idrish u/s 125 CrPC, whereby the Judge, Family Court has partly allowed the said application of respondents no. 2 to 8 and directed the revisionist to pay maintenance of Rs. 1000/- per month to respondent no. 2 Smt. Kherunisha and Rs. 500/- per month each to respondents no. 3 to 8 i.e. total Rs. 4000/- per month with effect from the date of making the said maintenance application. Facts, in brief, are that the respondent no. 2 filed an application under Section 125 CrPC on 17.8.2004 with the averments that she got married to the revisionist about fourteen years ago as per Muslim rites and six children i.e. respondents no. 2 to 8 born out of the said wedlock. After the marriage, the revisionist often used to harass and torture her for the dowry. The revisionist also developed illicit relationship with another woman and also brought her in the house and he was not taking care of his wife and children. It was further averred that the respondent no. 2 had got no source of livelihood and she was unable to maintain herself and her children whereas the revisionist is a Driver and was earning Rs. 15,000/- per month but even then he was not maintaining the respondents no. 2 to 8 and, therefore, the respondent no. 2 claimed Rs. 5000/- per month for her maintenance and Rs. 500/- per month for each of her six children. After hearing both the parties, learned Judge, Family Court, Rudrapur, Udham Singh Nagar vide his judgment and order dated 20.9.2005 partly allowed the maintenance application of the respondents no. 2 to 8 and awarded Rs. 1000/- per month to respondent no. 2 and Rs. 500/- per month each to the two minor daughters i.e. respondents no. 5 & 6 till their marriage and Rs. 500/- each to minor sons i.e. respondents no. 3, 4, 7 & 8 towards their maintenance with effect from the date of making the said application i.e. from 17.8.2004. Thus, a total of Rs. 4000/- per month were awarded to the respondents no. 2 to 8. Hence, this revision has been filed by the revisionist. On 6.10.2005, this Court stayed the operation of the aforesaid impugned judgment and order dated 20.9.2005 passed by the Judge, Family Court, Rudrapur subject to the condition that the revisionist would pay Rs. 3000/- per month to the respondents no. 2 to 8. Learned Counsel for the revisionist stated at bar that revisionist is ready to pay Rs. 3000/- per month to the respondents no. 2 to 8 as was directed by this Court vide interim order dated 6.10.2005. He further prayed that the present petition may be disposed of in terms of the aforesaid interim order. Statement made by learned Counsel for the revisionist is liable to be accepted in the facts and circumstances of the case and it would be just and proper if the maintenance amount of Rs. 4000/- per month awarded to the respondents no. 2 to 8 is reduced to Rs. 3000/- per month i.e. Rs. 1000/- per month to the respondent no. 2, Rs. 400/- each to the two minor daughter i.e. respondents no. 5 & 6 till their marriage and Rs. 300/- per month each to four minor sons i.e. respondents no. 3, 4, 7 & 8. 2 Accordingly, the revisionist is directed to pay a total amount of Rs. 3000/- per month to the respondents no. 2 to 8 towards their maintenance with effect from the date of making the maintenance application i.e. 17.8.2004. The aforesaid amount i.e. Rs. 3000/- per month shall be paid to the respondent no. 2 as respondents no. 3 to 8 are minor children. Judgment and order dated 20.9.2005 passed by the Judge, Family Court, Rudrapur, Udham Singh Nagar in Criminal Misc. Application No. 170/2004, Smt. Kherunisha & Ors. v. Idrish stands modified to the extent indicated above. The present revision stands disposed of accordingly. (Dharam Veer, J.) 28.7.2010 PRABODH 3