MANOHAR LAL SHARMA Vs. SITA RANI

JUDGEMENT

(1.) ON a petition under Section 125, Code of Criminal Procedure, filed by Sita Rani against her husband Manohar Lal Sharma, the trial Magistrate directed the husband to pay Rs. 300/- per month as maintenance allowance to the wife with effect from the date of the institution of the petition (Annexure P.2). The husband filed a revision petition against this order which was dismissed by the Additional Sessions Judge, Kurukshetra, vide an order dated May 8, 1986. (Annexure P.1). In the present petition under Section 482, Code of Criminal Procedure, filed by the husband Manohar Lal Sharma, these two orders are sought to be quashed.

(2.) ON appraisal of the evidence produced by the parties the Courts below held that the present petitioner had neglected and refused to maintain his wife. This concurrent finding of fact is unassailable and it is not permissible in these proceedings to reassess the evidence.

(3.) IN the light of what is sated above the petitioner is directed to pay Rs. 200/- per month as maintenance to his wife Sita Rani respondent with effect from the date of institution of the petition under Section 125, Code of Criminal Procedure. The impugned orders of the Courts below are modified to this extent and this petition is disposed of accordingly. Petition disposed of.