JUDGMENT : 1. This revision, preferred under Section 397 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as ‘the Code), has been filed by the revisionist against the order dated 16.9.2009 passed by the Judge, Family Court, Udham Singh Nagar (Camp Kashipur) in Criminal Case No.179 of 2004 (Smt. Shagufta v. Dr. Tahir Ali), whereby the Court below had allowed the application for maintenance moved by the respondent, herein, and awarded a sum of Rs.3,000/- per month as maintenance allowance against the revisionist from the date of order i.e. 3.9.2004. 2. In brief, the marriage between the parties was solemnized on 25.12.2002 as per Muslim rituals. Sufficient dowry was given at the time of marriage by the parents of respondent-wife. The revisionist is working as an Associate Professor at Sher-e-Kashmir Agriculture University and is getting the monthly salary of Rs.30,000/-. The revisionist Tahir Ali ousted the respondent-wife from her matrimonial house on 24.10.2003 without any cause. The respondent-wife demanded maintenance of Rs.4,000/- per month from the revisionist. 3. The revisionist appeared before the Court below and filed his objection, wherein, he admitted the factum of his marriage with the respondent, and stated that the respondent is a graduate lady and is working in the Army School, Hempur, Kashipur, from where she is getting the monthly salary of Rs.15,000/-. 4. The respondent –wife appeared and produced herself as PW1. The revisionist Tahir Ali also appeared as DW1 and produced Mohd. Ramzan as DW2. 5. After hearing both the parties, learned Family Court allowed the application for maintenance and awarded Rs.3,000/- per month from the date of application i.e. 3.9.2004 against the revisionist Tahir Ali. Aggrieved by it, the present revision has been filed. 6. Heard learned Counsel for both the parties and perused the record. 7. It is an admitted fact that the marriage between the parties was solemnized as per Muslim rituals on 25.12.2002. It is also admitted that revisionist Tahir Ali is working as an Associate Professor at Sher-e-Kashmir University. 8. In order to get maintenance, it is necessary to consider whether the respondent is the legally wedded wife of revisionist Tahir Ali; whether the revisionist Tahir Ali has sufficient means to maintain his wife; and whether the respondent-wife has no sufficient means to maintain herself. 9. 8. In order to get maintenance, it is necessary to consider whether the respondent is the legally wedded wife of revisionist Tahir Ali; whether the revisionist Tahir Ali has sufficient means to maintain his wife; and whether the respondent-wife has no sufficient means to maintain herself. 9. From the evidence brought on record, it is evident that the revisionist Tahir Ali is working as an Associate Professor at Sher-e-Kashmir University and his pay scale is Rs.12000-420-18300/-. In this regard, the salary slip, paper no.94C, is filed by the respondent before the Family Court which ratifies the aforesaid facts. 10. On the other hand, as far as the income of the respondent-Smt. Shagufta is concerned, the revisionist Tahir Ali has filed her salary slip, paper no.73Ka/3, issued by Army School, Hempur dated 6.5.2008. As per the salary slip, the respondent –Smt. Shagufta is a confirmed employee in Army School, Hempur; she is working as Librarian; and her gross salary is Rs.13,932/- per month. 11. The salary certificate issued by the Army School, Hempur reveals that the respondent –wife is a confirmed employee in that school and she was earning Rs.13,932/- per month in the year 2008. This evidence about the income of respondent was ignored by the Family Court. The Court below has awarded the maintenance merely on the basis of the income of the revisionist Tahir Ali. Although, revisionist Tahir Ali is working as an Associate Professor at Sher-e-Kashmir University and is earning a handsome amount but the fact that the respondent-Smt. Shagufta is also having sufficient means to maintain herself, has been ignored by the Court below since she is a confirmed employee of Army School, Hempur and is getting around Rs.14,000/- per month. Moreover, by the lapse of time, the salary of the respondent-wife must have been increased substantially. If the respondent-Smt. Shagufta is having sufficient means to maintain herself, then she had no right to get any maintenance from her husband. 12. Although, the income certificate regarding the respondent Smt. Shagufta was also available on record, and it was well within the knowledge of the Family Court, but in spite of that, it overlooked all these facts and awarded the monthly allowance only on the basis of income of the revisionist which is against the law and facts. 12. Although, the income certificate regarding the respondent Smt. Shagufta was also available on record, and it was well within the knowledge of the Family Court, but in spite of that, it overlooked all these facts and awarded the monthly allowance only on the basis of income of the revisionist which is against the law and facts. Since the respondent-wife is having sufficient means to maintain herself, thus, she is at all not entitled to get any maintenance allowance from her husband. The Court below has awarded the maintenance in an illegal manner. Thus, the order passed by the Court below is liable to be set aside. 13. In view of these facts and circumstances of the case, the present revision is allowed. The judgment dated 16.9.2009 passed by the Family Court, Udham Singh Nagar (Camp Kashipur) in Crl. Case No.179 of 2004, is quashed. 14. Let a copy of this order along with the record be sent to the court concerned for information. 15. Pending application, if any, stands disposed of.