ASHWANI KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard counsel for the parties.

(3.) One of the grievances of the appellant (husband) is that he is a handicapped person and in view of his disabilities he is not able to climb steps. On account of his heart condition a pacemaker has been installed in him. When the matter was to be heard by the learned Magistrate on 27.06.2002, the appellant was unable to go to the court since it was not possible for him to climb the steps and reach the third floor. He moved two applications before the court praying for time to engage a lawyer as also time for filing his written statement. The Family Court was informed that the appellant was present in the court premises but unable to reach the courtroom. Thereafter under the impression that the appellant was trying to avoid his appearance in court, the court proceeded to make an order awarding a sum of Rs. 5000.00 each per month by way of maintenance to the applicants who happen to be the appellant's wife and two daughters.