HARVINDER KUMAR Vs. PUNAM

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing order dated 18.1.2011 passed by learned Sessions Judge, Shimla in Criminal Revision No. 3 -s/10 of 2010, affirming order dated 18.9.2009 passed by learned Judicial Magistrate Ist Class, Court No. 1, Shimla in Petition No. 74/4 of 2007.

(2.) THE facts in brief are that Respondents No. 1 and 2 had filed petition under Section 125 Code of Criminal Procedure being Case No. 18/4 of 2000/99 against Petitioner which was allowed by learned Addl. Chief Judicial Magistrate, Court No. 1, Shimla on 16.3.2002. Respondent No. 1 was granted Rs. 500/ -per month and Respondent No. 2, Rs. 350/ - per month maintenance from the date of order.

(3.) THE petition was contested by Petitioner. He has denied that he is having Rs. 50,000/ - per month income from business and agricultural land. He took stand of mental illness and pleaded that he is undergoing treatment for his illness. He denied the change of circumstance. The Petitioner pleaded that Respondent No. 1 is employed and is earning good money. The Respondent No. 1 appeared as PW -1. The Petitioner examined himself as RW -1 and has also examined RW -2 Sukh Dev Singh, RW -3 Smt. Abhilasha Joshi and RW -4 T.K. Kashyap. The learned Magistrate allowed the application on 18.9.2009 and granted maintenance in favour of Respondents No. 1 and 2 herein at the rate of Rs. 850/ - and Rs. 750/ -per month w.e.f. 7.8.2007.