GUDDU Vs. KAMLI DEVI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India read with Section 482 of Code of Criminal Procedure has been filed against the order dated 06.10.2010 passed by learned Sessions Judge, Kullu, in Revision Petition No. 3 of 2008, setting aside order dated 31.08.2009 passed by learned Chief Judicial Magistrate, Kullu, in Cr.M.A. No. 124 -IV/2008.

(2.) THE facts, in brief, are that Respondents 1 to 5 had filed a petition under Section 125 Code of Criminal Procedure against the Petitioner on the ground that Petitioner has sufficient means to maintain the Respondents, but he is not maintaining them. The Respondents who claimed themselves to be the wife and children of Petitioner claimed Rs. 2,000/ - each per month on account of maintenance from the Petitioner. The Respondents have alleged that the Petitioner is earning Rs.15,000/ - per month and he can easily pay Rs.2,000/ - per month to each of the Respondents.

(3.) THE learned Chief Judicial Magistrate vide order dated 31.08.2009 has held that the Respondents herein have failed to prove that the Petitioner harassed and mal -treated the Respondent No. 1 and has compelled her to leave matrimonial home on 15.05.2008 along with Respondents 2 to 5. It has also been held that the Respondents have failed to prove that Petitioner has neglected the Respondents without sufficient cause and is not maintaining them, whereas, the Petitioner has established on record that Petitioner along with Respondents is residing in the house of father of Respondent No. 1 as 'ghar Jawain ' since the time of his marriage and children were born there. It has also been held that Petitioner used to work there and spends whatever he earns there.