RAJENDER SINGH GULERIA SON OF SHRI CHUNI SINGH GULERIA, R/O VILLAGE AND PO LARANKELO Vs. CHAMPA DEVI WIFE OF SHRI RAJENDER SINGH GULERIA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. against the order dated 12.10.2011 passed by Sessions Judge, Kullu, in Criminal Revision No. 10 of 2011, affirming order dated 14.12.2010 passed by Chief Judicial Magistrate, Kullu, in Cr.M.A. No. 315 -iv/2008. The facts, in brief, are that respondents had filed a petition under Section 125 Cr.P.C. against petitioner claiming maintenance at the rate of Rs.15,000/ - each per month. The respondent No. 1 alleged that she is legally wedded wife of petitioner and respondents No. 2 and 3 are their children from the wedlock. It has been alleged that petitioner some time after the marriage started consuming liquor and torturing respondent No. 1 for dowry.

(2.) THE petitioner neglected respondents from maintenance. The petitioner ousted the respondent No. 1 from her matrimonial home. The respondent No. 1 started a small shop in order to meet her demands and education of the children. It has been stated that petitioner is having an apple orchard over 5 -10 bighas of land and his income from the orchard is about Rs.10,00,000/ - per year. The petitioner has sufficient means to maintain the respondents, but despite that petitioner has refused to maintain the respondents.

(3.) THE respondent No. 1 examined herself and supported her case. The petitioner appeared in the witness box and has stated that he is suffering from mental ailment. The learned Chief Judicial Magistrate after appreciation of evidence on record has allowed maintenance at the rate of Rs.1, 000/ - per month to each of the respondents from the date of filing of the petition. The order dated 14.12.2010 of the Chief Judicial Magistrate has been affirmed by learned Sessions Judge on 12.10.2011.