JUDGMENT :

1. Heard learned counsel for the revisionist, learned AGA for the State and perused the material placed on record.

2. Instant criminal revision has been preferred against the impugned judgment order dated 21.1.2015, passed by Principal Judge, Family Court, Gorakhpur, in Misc. Case No.526 of 2011 (Vinita Maurya vs. Pradeep) under Section 125 Cr.P.C., Police Station Shahpur, District Gorakhpur whereby the opposite party Nos.2 Vinita Maurya and her two minor daughters were awarded maintenance to the tune of Rs.7000/- and 4000/- per month respectively, which is payable on 10th of each month from the date of order.

3. Feeling aggrieved by the impugned order, the revisionist, who was opposite party in said maintenance case against whom the maintenance was awarded filed present criminal revision on 13.2.2015, wherein an interim order was issued by this Court that "subject to the condition that revisionist deposits entire arrears of maintenance as awarded by the court below to be calculated @ Rs. 8000/- per month which may be due till today within a period of one month from today and continues to deposit the current monthly maintenance amount @ Rs. 8000/- by 10th of each month, no coercive action shall be taken against him during the pendency of the said revision. The said amount shall be paid to O.P. Nos. 2 to 4 after due verification by the trial court. It is made clear that in default of making payment, as directed above, the present interim order shall stand automatically vacated."

4. The factual matrix of the case relevant for present criminal revision are that the applicant No.1 (opposite party No.1 herein) had filed a maintenance case under Section 125 Cr.P.C. on behalf of her and her two minor daughters namely, Vanshika and Niharika against her husband, who is revisionist herein with averment that her marriage with opposite party was solemnized on 5.2.1998 according to the Hindu rites and rituals, in which her parents had given gifts and dowry as per their financial status. She was sent off to her matrimonial home after marriage and out of her conjugation with opposite party, two daughters were born. Her husband was working abroad at that time and used to come back home once in a year. In absence of husband of the applicant, her family members used to harass and torture her due to non-fulfilment of demand of additional dowry. The opposite party No.1 is an agriculturist and earns Rs.1 lac from his job abroad. The behaviour of opposite party No.1 also worsened towards the applicant during passage of time and he used to beat and torture her and subjected her to physical and mental cruelty for last six years and ultimately she was driven out of her matrimonial home in the year 2011. Her husband is Post Graduate and did diploma in Air Conditioning from Chandigarh. Applicant is also Graduate. She worked as an Agent in LIC in the year 2011 for some time but thereafter her agency terminated her. The amount earned by her in Agency of LIC was meagre and was not sufficient to cater her needs. The opposite party appeared and filed written statement wherein he stated that the applicant is falsely levelling charges against him, which are unfounded. The applicant misled by her parents and she was herself coercing him physically and mentally.

In fact the applicant No.1 and her mother intend that parents of the opposite party leave his home in the city and shift to village, so that the applicant alongwith her mother rule her matrimonial home. The opposite party resides in his own home. In course of hearing, the statement of applicant No.1 was recorded as AW-1 and that of opposite party (present revisionist) as OPW-1, wherein, applicant supported her pleadings and she stated that her husband was working in Portugal and his annual income is Rs.5 lacs. In cross-examination, she has stated that she had never studied or taught in R.P.M., Gorakhpur. Her husband did not sent any money to her after going abroad. Her father-in-law suffered brain