SMT. CHAMPA DEVI W/O SHRI GIRISH CHANDRA JOSHI Vs. SHRI GIRISH CHANDRA JOSHI S/O SHRI PANDAV JOSHI AND STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard Sri Dinesh Chauhan, counsel for the revisionist, Mr. Atul Tripathi holding the brief of Sri B.D. Upadhyay, counsel for the opposite party No. 1 and A. G. A. for the State.

(2.) By the present revision, the revisionist has prayed for a setting aside the order dated 9 August, 2001 passed by the Sessions Judge, Almora in Misc. Criminal Case No. 34/93 by which the revision has been allowed and a direction for payment of Rs. 500/ - per month in proceedings under Sec. 125 of the Code of Criminal Procedure has been set aside.

(3.) Briefly stated, an application was moved by Smt. Champa Devi in the Court of Judicial magistrate, Ranikhet District Almora on 23rd December, 1983 for the award of Rs. 500/ - per month as maintenance under the provisions of Sec. 125 of the Code of Criminal Procedure. It was mentioned therein that the revisionist and the opposite party No. 1 were married in the year, 1969, but they could not live together as the opposite party No. 1 the husband was serving in CRPF and ultimately when there was no issue, the applicant was turned out from the house. It has also come in the evidence that the husband -opposite party No. 1 has remarried.