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2012 DIGILAW 334 (UTT)

PRABHAT BHARDWAJ v. VARSHA

2012-06-28

PRAFULLA C.PANT

body2012
Judgment Hon’ble Prafulla C. Pant, J. Heard. 2. This revision is directed against the judgment and order dated 14.09.2011, passed by Judge Family Court, Hardwar, in Case No. 73 of 2006, whereby said court has directed the revisionist Prabhat Bhardwaj to pay maintenance at the rate of Rs. 5,000/- per month to his wife and the daughter (respondents) from the date of application moved under section 125 of Cr.P.C. 3. Brief facts of the case are that the revisionist Prabhat Bhardwaj got married to respondent no.1 Smt. Varsha on 23.11.2000, in Hardwar. One daughter was born out of the wedlock. An application under section 125 of Cr.P.C, was moved by respondent no.1 Smt. Varsha (wife of the revisionist), and respondent no.2 Ms. Astha (minor daughter of the revisionist) in the year 2006, pleading that though the revisionist had means to maintain but he has neglected to maintain them. It is further pleaded by them that both of them are unable to maintain themselves. It is further pleaded by the respondents in their application under section 125 of Cr.P.C., that the revisionist started making demand of money to the respondent no.1 Smt. Varsha asking her to bring money from her parental house, so that the revisionist may run his business. It is also pleaded that father of the respondent no.1 gave Rs. 70,000/- but the revisionist spent the amount in gambling and drinking liquor. It is further pleaded that the respondents were ousted from the house of the revisionist in the month of May, 2006, and since then they have been living in the parental house of the respondent No.1. It is also stated in the application under section 125 of Cr.P.C., that the revisionist does money lending business, and earns Rs. 20,000/- per month. 4. The revisionist contested the application before the trial court, and filed his written statement. He admitted his marriage with respondent no.1 and that Km. Astha was born out of the wedlock in the year 2001. However, as to the other allegations he denied the same. 5. It appears that in the year 2008, he stopped attending the Family Court, Hardwar, where the application was pending. As such, the case proceeded ex-parte. He admitted his marriage with respondent no.1 and that Km. Astha was born out of the wedlock in the year 2001. However, as to the other allegations he denied the same. 5. It appears that in the year 2008, he stopped attending the Family Court, Hardwar, where the application was pending. As such, the case proceeded ex-parte. The trial court recorded evidence of PW1 Varsha and PW2 Mahendra Kumar, and after hearing the applicants (present respondents) passed the impugned order dated 14.09.2011, whereby it was directed that opposite party Prabhat Bhardwaj (present revisionist) shall pay maintenance at the rate of Rs. 5,000/- per month from the date of application i.e. 29.06.2006. 6. Learned counsel for the revisionist argued before this Court that the revisionist is not doing any money lending business. It is further pleaded that the revisionist has no means to pay maintenance at the rate of Rs. 5,000/- per month. It is also argued that the trial court has awarded the maintenance at the rate of ‘ 5,000/- per month, merely for the reason that the present respondents had pleaded for said amount. 7. Admittedly, the revisionist is husband of respondent no.1, and father of the respondent no.2, his minor daughter. Whether he earns or not, it is the duty of the husband to maintain his wife and minor daughter. There is no evidence on record that the respondent no.1 has means to maintain herself and her daughter. 8. Considering the facts and circumstances of the case, and economic status of the parties, and after going through the papers on record, this Court is of the view that the revisionist is liable to be paid maintenance at the rate of Rs. 2,000/- per month to his wife and Rs. 1,500/- per month to his minor daughter (in all Rs. 3,500/- per month). 9. Accordingly, this revision is disposed of with the direction that the revisionist Prabhat Bhardwaj shall pay maintenance at the rate of Rs. 2,000/- per month to his wife, and Rs. 1,500/- per month to his minor daughter Astha, with effect from 29.06.2006, when the application under section 125 of Cr.P.C., was moved before the trial court. The order passed by the Judge, Family Court, Hardwar, stands modified accordingly. The revisionist is allowed to make payment of the arrears of maintenance at the rate of Rs. 1,500/- per month to his minor daughter Astha, with effect from 29.06.2006, when the application under section 125 of Cr.P.C., was moved before the trial court. The order passed by the Judge, Family Court, Hardwar, stands modified accordingly. The revisionist is allowed to make payment of the arrears of maintenance at the rate of Rs. 3,500/- per month to the respondents or deposit in their favour before the Family Court, Hardwar, within a period of three months from today, and the future maintenance shall be paid by 15th of every next month. (Urgency Application No. 2796 of 2012 stand disposed of).