SURENDRA SINGH Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) 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 29-03-1993 and 09-01-1992 passed by the Sessions Judge, Chamoli, Gopeshwar and Chief Judicial Magistrate, Chamoli, Gopeshwar respec tively (Annexure I & II ).

(2.) BRIEF facts of the case are that on 05-08-1987 the respondent No. 1 Smt. Shakuntala Devi filed an applica tion before the Magistrate under section 125 Cr. P. C. against her husband-Surendra Singh. It was alleged in the ap plication under section 125 Cr. RC. that the marriage was solemnized in between the respondent No. 1 and petitioner in the year 1982. Thereafter, she was discharg ing 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. There after, 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 allow ance. As such, the petitioner had ne glected to maintain his wife. It was fur ther alleged that the petitioner is a gov ernment 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 mainte nance.

(3.) AFTER appreciation of evidence on record, vide order dated 9-1-1992 the learned Magistrate allowed the applica tion under section 125 Cr. RC. and the petitioner was directed to pay mainte nance to his wife @ Rs. 400/- p. m. from the date of filing of application for main tenance i. e. 5-8-1987. Feeling aggrieved by the order of the learned Magistrate, the petitioner preferred a revision before the Sessions Judge and the same was dismissed on 29-03-1993. Feeling ag grieved by this, the writ petition before this Court.