KIRNA DEVI Vs. SURINDER KUMAR KANSAL

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure (in short 'the Cr.P.C.') lays challenge to orders dated 23.04.2011 (Annexure P2) and dated 06.09.2012 (Annexure P3) passed by the Chief Judicial Magistrate, Bathinda and Additional Sessions Judge (Adhoc), Fast Track Court, Bathinda respectively whereby the application filed by the petitioner for grant of maintenance allowance under Section 125 Cr.P.C. qua her has been dismissed by the trial Court and the revision petition has been dismissed by the Additional Sessions Judge.

(2.) KIRNA Devi (wife), Pooja and Parmod (minors) through their next friend and natural guardian Kirna Devi filed an application for grant of maintenance to the applicants @ Rs. 10000/ - per month to applicant No. 1 and Rs. 5000/ - each to applicants No. 2 & 3 with the allegations that the respondent has refused and neglected to maintain his wife and minor children. It is further averred that the respondent is working as SDO with WAPCOS (India) Limited and earning Rs. 40,000/ - per month.

(3.) SURINDER Kumar Kansal (respondent) filed an appeal against the order dated 23.04.2011 in regard to grant of allowance in favour of the minor children whereas the petitioner preferred a revision petition challenging the order dated 23.04.2011 to the extent of rejecting her claim for award of maintenance. Both the cases were simultaneously heard and disposed of by the Additional Sessions Judge, Bathinda vide order dated 06.09.2012 and the findings recorded by the trial Court on both the counts were affirmed.