SURENDRA SINGH Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) THIS writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and orders dated 29.3.1993 and 9.1.1992 passed by the Sessions Judge, Chamoli, Gopeshwar and Chief Judicial Magistrate, Chamoli, Gopeshwar respectively (Annexure I and II).

(2.) BRIEF facts of the case are that on 5.8.1987 the respondent No. 1 Smt. Shakuntala Devi filed an application before the Magistrate under Section 125, Cr.P.C. against her husband -Surendra Singh. It was alleged in the application under Section 125, Cr.P.C. that the marriage was solemnised in between the respondent No. 1 and petitioner in the year 1982. Thereafter, she was discharging her matrimonial obligations towards the petitioner and she was residing with him. Later on, when she fell ill and the petitioner asked her parents to take in their house for medical treatment. Thereafter, the petitioner took her back to her parental house. The petitioner did not take her back to her matrimonial house and did not pay any maintenance allowance. As such, the petitioner had neglected to maintain his wife. It was further alleged that the petitioner is a Government employee and he earns Rs. 1400 -1500 per month and apart this, he also earns a handsome money from the agricultural land. The respondent No. 1 had claimed Rs. 500 p.m. as maintenance.

(3.) THE parties were directed to adduce their evidence in support of their evidence. The respondent No. 1 had examined himself as PW1 and she supported the averments made in the application under Section 125, Cr.P.C. She had also stated that the petitioner had filed the suit for dissolution of marriage. The petitioner had not adduced any evidence in rebuttal.