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Judgment
Prafulla C. Pant, J.—Heard.
This revision is directed against judgment and order dated 19.02.2011, passed by Judge, Family Court, Haridwar, in miscellaneous case No. 120 of 2004, whereby said court has directed u/s 125 Code of Criminal Procedure, to the revisionist Mukarram to pay maintenance at the rate of Rs. 1,500/- per month to his wife and Rs. 1,000/- per month to his female child.
Learned Counsel for the revisionist stated that revisionist is a labour. In reply to this, learned Counsel for the Respondent submitted that revisionist is a farmer who has sufficient means to maintain wife, and the child. It is also pleaded that revisionist has divorced the Respondent No. 1.
Perusal of the impugned order shows that the Respondent No. 1 Tahrunissha is unable to maintain herself as due to defect in her vision since birth she cannot work, and earn for herself.
In the above circumstances, this Court is not inclined to interfere with the impugned order, so far as it relates to maintenance directed to be paid by the trial court to the Respondent No. 1 Tahrunissha. However, considering that revisionist is a farmer, the maintenance directed to be paid to Respondent No. 2 is reduced to Rs. 500/- per month. As such, this revision is disposed of finally with modification in the impugned order that the revisionist shall pay Rs. 1,500/- per month to his wife, and Rs. 500/- per month
to his minor female child (Respondent No. 2). Revisionist is allowed to pay the arrears of maintenance within one month from today, and monthly installment shall be paid by tenth of every next month. In case of default in payment of arrears of maintenance within one month from today this revision shall stand dismissed in toto. (Stay application No. 198 of 2011, stands disposed of).