Makhan Lal. When Prem Pal died, Kanyawati was married to Prem Pal’s younger brother Makhan Lal (revisionist). Applicant no. 2 Master Sooraj (O.P. No. 2 in the present revision) was born after the marriage of Kanyawati with Makhan Lal. In the year 2006, Kanyawati was ousted from her matrimonial home on the pretext that she did not bring sufficient dowry. The applicants/opposite parties were unable to maintain themselves and the opposite party/revisionist refused to maintain them (i.e. wife & child of the revisionist). The opposite party/revisionist is an agriculturist/farmer. A notice was issued by learned Family Curt, Nainital. The same was served. When the revisionist did not appear before the Family Court, the proceedings were ordered to be initiated against him ex-parte . PW 1 Kanyawati was examined, in which she said that she along with her child was maltreated by he opposite party/ revisionist. Her in-laws were not satisfied with the dowry and therefore, she was ousted from her matrimonial home. It was indicated by PW 1 in her examination-in-chief that the opposite party has sufficient means to maintain the applicants but they are not being maintained by the opposite party/revisionist. After considering the evidence on record, the learned court below awarded a maintenance of Rs. 1000/- per mensem to applicant no. 1 Kanyawati and the maintenance of Rs. 500 per mensem to Master Sooraj, till he attains the age of majority. The impugned order was made effective from the date of the application moved under Section 125 Cr.P.C.
