SEEMA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this revision is made to the impugned order dtd. 29/7/2022, passed in Misc. Criminal Case No.105 of 2018, Smt. Seema and Others Vs. Yaspal Singh, by the court of Judge, Family Court, Kotdwara, District Pauri Garhwal ("the case"). By it, an application filed by the revisionists under Sec. 125 of the Code of Criminal Procedure, 1973 ("the Code") has been rejected on the ground of maintainability.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Facts necessary to appreciate the controversy, briefly stated, are as follows: the revisionist no.1 Smt. Seema Devi and the respondent no.2, Yaspal Singh, were married on 7/5/1996. They are blessed with three children. When there was a matrimonial discord, the revisionists filed an application under Sec. 125 of the Code on 25/3/2010, which was the basis of Maintenance Case No. 30 of 2010, Smt. Seema and Others Vs. Yaspal Singh, in the court of Judge, Family Court, Pauri Garhwal ("the first maintenance case"). The first maintenance case was decided on the basis of a compromise on 11/8/2010, by which the private respondent did agree to pay Rs.6,000.00 per month as maintenance to the revisionists. The private respondent has not been regularly making payment of the maintenance, as agreed between the parties in the first maintenance case. It is therefore, the revisionists filed an application under Sec. 128 of the Code for recovery of arrears, which was the basis of Misc. Criminal Aplication No.18 of 2012, Smt. Seema and Others Vs. Yaspal Singh, in the court of Judge, Family Court, Pauri Garhwal ("the recovery case"). The recovery case was finally decided on 20/9/2012 on full satisfaction. It appears that, thereafter, the parties entered into an agreement on 13/6/2015 and both the parties were reunited, but again the relations became strained. The revisionists, thereafter, again filed an application under Sec. 125 of the Code seeking maintenance, which is the basis of the case.