SUNDER LAL KANDWAL Vs. SANGEETA KANDWAL

JUDGEMENT

(1.) This criminal misc. application under Sec. 482 Cr.P.C. has been filed on behalf of the applicant assailing the order dtd. 27/9/2023, passed by Judicial Magistrate, Joshimath in Misc. Criminal Case No.73 of 2022, Sunder Lal Kandwal vs. Sangeeta Kandwal and another, whereby the application filed by the application under Sec. 127 Cr.P.C. was dismissed. The applicant has further put to challenge the order dtd. 21/3/2024, passed by the Sessions Judge, Chamoli (Gopeshwar) in Criminal Revision No.28 of 2023, Sunder Lal Kandwal vs. Sangeeta Kandwal, whereby the revision preferred by the applicant against the order dtd. 27/9/2023 has been dismissed.

(2.) The facts in nutshell are that on 26/7/2018, a case under Sec. 125 Cr.P.C. seeking maintenance had been instituted by the respondent no.1, wherein the judgment was passed on 29/8/2019, whereby the applicant was directed to pay a sum of Rs.2,000.00 per month as maintenance to the respondent no.1 and her minor son. There-against, Criminal Revision No.24 of 2019 was instituted before the Sessions Judge, however, the said revision, due to the compromise reached between the parties, before the National Lok Adalat, was decided on 11/9/2021, whereby it was directed that the applicant shall pay a sum of Rs.3,000.00 per month as maintenance allowance to the respondents instead of Rs.2,000.00 as directed earlier.

(3.) The application under Sec. 127 Cr.P.C. was filed by the applicant, wherein he stated that due to being 40% disabled, he is unable to pay the amount of maintenance since he is dependent on the disability pension of Rs.1,500.00 received from Social Welfare Department. The applicant also prayed that he is still under treatment in the Government Hospital, Herbertpur. In that application, he also mentioned accident occurred on 4/10/2017 in which he was injured.