SMT. SAMSHAD BEGAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD . By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 25.06.2010, passed by Sessions Judge, Pithoragarh, in Criminal Revision No. 04 of 2010, whereby said court has set aside the order passed by the trial court (Chief Judicial Magistrate, Pithoragarh), in Criminal Misc. Case No. 22 of 2009 directing the respondent no. 2 to pay Rs. 3,000/ - per month to the present petitioner (wife) under section 125 of Cr.P.C.

(2.) HEARD learned counsel for the parties and perused the affidavits.

(3.) THE respondent no. 2 contested the application under section 125 of Cr.P.C., before the trial court, but he admitted that the petitioner is his wife and Kumari Shabnam and Kumari Ashna are his daughters. However, he denied that he neglected to maintain his wife or children. It is alleged by him that petitioner used to live in her parental house, and did not discharge her matrimonial obligations.