Criminal Revision No.17(4) - Lakhimpur Judiciary

4party has sufficient means to provide monthly maintenance allowance tothe Respondent/ first party and her minor child to justify the quantum ofmaintenance allowance granted by the leaned trial court. Under thepremises, it is submitted that the impugned Judgment & Order is notsustainable in Law and same is liable to be set aside.Against the above submission, the learned counsel forthe Respondent/ first party has contended that the Respondent/ first partyhas been able to prove that she is a married wife of the Petitioner/ secondparty and unable to maintain herself and her minor child after herdesertion by the Petitioner/ second party, and she could also prove thatthe Petitioner/ second party inspite of having sufficient means refuses orneglects to maintain her and her minor daughter. According to him, thelearned trial court appreciated the entire evidence on record in its properperspective and true spirit of Section 125 CrPC and rightly granted themonthly maintenance allowance to her and her minor son by theimpugned Judgment & Order.Upon the rival submissions of the learned counsels ofboth the parties, the point which falls for consideration is – Whether thelearned trial court committed any illegality or impropriety in grantingmaintenance allowance to the Respondent/ first party and her minorson by the impugned Judgment & Order ?To appreciate the submissions made at the bar, I havegone through the evidence adduced by the parties before the learned TrialCourt in respect of their respective cases.The Respondent/ first party, in her deposition beforethe learned Trial Court, stated that her marriage took place with thePetitioner/ second party in the year, 2004 by observing traditional'Sankari' method of marriage, and thereafter she lived together with thePetitioner/ second party as husband and wife and out of their maritalwedlock, she also gave birth to two female children. PW.2, Sri MoghaiGogoi, the father of the Respondent/ first party deposed in his evidencethat the marriage of his daughter i.e., the Respondent/ first party tookContd...