KRISHAN KUMAR @ PAPPU Vs. PUSHPA DEVI AND OTHERS

JUDGEMENT

(1.) Krishan Kumar @ Pappu, the petitioner has brought this petition under the provisions of section 482 Cr.P.C., for quashing the order dated 24.03.2006 (Annexure P-5) passed by learned Judicial Magistrate Ist Class, Mahendergarh, vide which a sum of Rs.1000/- per month has been allowed as maintenance to each of the respondents under the provisions of section 125 of the Code of Criminal Procedure, as well as the order dated 03.08.2006 (Annexure P-6) passed by learned additional Sessions Judge, Narnaul being illegal and abuse of the process of law.

(2.) Smt. Pushpa Devi had been married with the petitioner Krishan Kumar @ Pappu about 24 years earlier to the filing of the application under section 125 Cr.P.C. She was divorced by the petitioner by way of an ex-parte decree of divorce. She applied for setting aside the ex-parte decree where she has claimed that the petitioner played a fraud upon her but got that application dismissed as withdrawn under a compromise under which a sum of Rs.1,00,000/- was agreed to be paid by the petitioner to her and her children i.e. respondents no.2 and 3. She has claimed that she is a helpless woman having no source of income.

(3.) According to her, her son Shyam Sunder is mentally retarded, who usually remained ill and that she had spent the entire amount of Rs.1,00,000/- on his treatment and now she is unable to maintain herself and the children. She has asserted that she has not got re-married and she has been looking after her children after doing labour work but as she now keeps ill, she is unable to do labour work and consequently unable to maintain her children. She prayed for maintenance in a sum of Rs.8000/- per month.