LAWS(P&H)-2002-5-195

DARSHAN SINGH Vs. ASHA DEVI

Decided On May 07, 2002
DARSHAN SINGH Appellant
V/S
ASHA DEVI Respondents

JUDGEMENT

(1.) Darshan Singh - petitioner seeks quashing of order dated 9.9.2000 passed by the Judicial Magistrate Ist Class, Kaithal and the order dated 17.3.2001 passed by the Additional Sessions Judge, Kaithal, which affirmed the order of the Judicial Magistrate Ist Class, Kaithal.

(2.) The brief facts of the present case are that Asha Devi and Master Tayan-respondents Nos. 1 and 2 were awarded Rs. 300/- per month and Rs. 200/- per month. Respectively by way of interim maintenance under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code') as per order dated 30.11.1999 passed by the Judicial Magistrate Ist Class, Kaithal. Thereafter, petitioners was offered several opportunities to make the payment of the interim maintenance. Since the petitioner had avoided to make the payment on account of maintenance awarded his defence was struck off as per order dated 9.9.2000. Aggrieved by the said order the petitioner filed Criminal Revision No. 72 of 2000 which was dismissed on 17.3.2001.

(3.) None has put in appearance on behalf of the petitioner.