Allahabad High Court
Shafi Ahmad vs State Of U.P. And Another on 3 August, 2023
Bench: Syed Aftab Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:156210
Court No. - 53
Case :- CRIMINAL REVISION DEFECTIVE No. - 96 of 1997
Revisionist :- Shafi Ahmad
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Mohd. Shabbir
Counsel for Opposite Party :- Govt. Advocate,S.N.Yadav
Hon'ble Syed Aftab Husain Rizvi,J.
1. On the case being taken up in revise call, no-one has appeared on behalf of the revisionist or for the opposite party no.2 to press this criminal revision, whereas, learned AGA for the State is present.
2. This criminal revision is directed against the judgment and order dated 15.03.1997 passed by Principal Judge, Family Court, Bareilly in Case No.538 of 1994 (Smt. Guddi Vs. Shafi Ahmad), under Section 125 Cr.P.C., Police Station Faridpur, District Bareilly.
3. I have gone through the record. The facts are that the opposite party no.2 filed an application for maintenance under Section 125 Cr.P.C. for herself and her minor daughter alleging that she is legally wedded wife of the revisionist Shafi Ahmad and dowry according to the status was given at the time of marriage but after solemnization of the marriage, the revisionist started to harass and torture her for demand of additional dowry of Rs.10,000/-. The opposite party no.2 became pregnant and at the advance stage of her pregnancy the revisionist kept a concubine. After sometime, opposite party no.2 delivered a girl child namely; Rubi. The revisionist after assaulting ousted the opposite party no.2 alongwith her daughter. The revisionist has failed to maintain opposite party no.2 and her daughter although the revisionist has grocery shop and ghoda tanga from which, he earned Rs.200/- per day. Prayer was made to grant maintenance of Rs.700/- per month to the opposite party no.2 Smt. Guddi and Rs.300/- to her daughter Rubi. The revisionist appeared before the trial court and filed his objections. He admitted the facts that the opposite party no.2 is his legally wedded wife and a daughter was born out of the wedlock but denied the other allegations made in the application by opposite party no.2. He alleged that the opposite party no.2 is an advanced lady and her expenses are beyond his income due to which, in his absence, she left the house with all her ornaments, clothes and Rs.5,000/-. The revisionist several times tried to pursue to return her but she refused. It is further alleged that revisionist is a labourer and he is ready to keep the opposite party no.2 and her daughter but he is unable to maintain them separately.
4. Both the parties produced evidence before the trial court and the learned trial court after hearing the arguments and having gone through the evidence adduced by the parties, had allowed the application under Section 125 Cr.P.C. and has directed the revisionist to pay Rs.375/- and Rs.250/- per month respectively to opposite party no.2 Smt. Guddi and her daughter.
5. I have gone through the impugned judgment and order dated 15.03.1997. The learned trial court has narrated the entire facts as well as the evidence adduced by the parties and after analyzing the evidence has come to the conclusion that the revisionist is neglecting his wife and daughter and failed to maintain them.
6. It is admitted that the opposite party no.2 is the legally wedded wife of the revisionist and a daughter was born out from the wedlock. Opposite party no.2 is living at her paternal house. There is nothing on record to demonstrate that the opposite party no.2 has deliberately deserted the revisionist.
7. I have been gone through the findings recorded by the learned court below in order to check the illegality and perversity in the judgment, but no such perversity or illegality in the same could be shown. The finding is proper and justified. The amount of maintenance awarded by the court below is also adequate and as such, the instant criminal revision has no merit and the same, consequently, fails and is dismissed.
Order Date :- 3.8.2023
Zafar
