AMARJEET BHARTI Vs. NISHA

JUDGEMENT

(1.) By way of present petition under section 482 of Code of Criminal Procedure petitioner is challenging the order dated 10.12.2002 passed by Chief Judicial Magistrate, Pithoragarh whereby petitioner was directed to pay Rs. 400 per month as interim maintenance to Km. Nisha - daughter.

(2.) Brief facts of the case are that initially Misc. Criminal Case No. 7 of 1996 under section 125 of Cr.P.C. was filed by Smt. Shakuntala Bharti claiming maintenance for herself and for her minor daughter Km. Nisha. In criminal case no. 7 of 1996 parties entered into amicable settlement and compromise was filed before the court concerned on 15.12.1996. As per the settlement / compromise it was agreed between the parties that petitioner herein would pay Rs. 30,000/- as one time permanent alimony for the wife and minor daughter. When this compromise dated 15.12.1996 placed before Lok Adalat, it was agreed between the parties and observed by the Chief Judicial Magistrate, Pithoragarh that minor daughter would be entitled for all the expenses of her education and marriage from her father i.e. petitioner.

(3.) Yet another application under section 127 of the Code was filed by the respondent through her mother specifically pleaded in paragraph 5 thereof that now minor daughter has attained the age to get education and for her education purpose she is entitled for Rs. 3000/- per month towards fees, dress, clothes, books, stationery, tuition, room rent and nutritional food.