UMESH CHANDRA CHAMOLA Vs. SEEMA DEVI

JUDGEMENT

(1.) AN application for grant of maintenance was moved by Smt. Seema Devi (wife) and Km. Ruchita (daughter) against Umesh Chandra Chamola (husband) under Section 125 Cr.P.C. in the court of Judicial Magistrate, Rudraprayag. Husband contested the application. Parties led the evidence. After considering the evidence on record, learned Judicial Magistrate, Rudraprayag allowed the application of the wife and daughter under Section 125 Cr.P.C., vide judgment and order dated 05.09.2005, whereby the husband (applicant herein) was directed to pay a total sum of Rs.2500/ - per month as maintenance allowance to his wife and daughter. Feeling aggrieved, a criminal revision was preferred by the wife and daughter before the Sessions Judge, Rudraprayag. The Sessions Judge, Rudraprayag, vide impugned judgment and order dated 21.04.2006, allowed the revision and enhanced the monthly maintenance allowance from Rs.2500/ - per month to Rs.5,000/ - per month (i.e. Rs.3500/ - per month for wife and Rs.1500/ - per month for daughter).

(2.) AGGRIEVED against the same, the husband -father (opposite party in the court below) moved a Writ Petition (M/S) bearing no.1895/2006 before this Court in which the following order was passed on 22.12.2006: -

(3.) THEREAFTER , the said writ petition was dismissed on the ground of non -maintainability, vide order dated 02.07.2009.