MANISHA SHARMA Vs. PREM CHAND SHARMA

JUDGEMENT

(1.) This petition is directed against the order dated 7.9.2007 passed by learned Additional Sessions Jude, Sirmour District at Nahan in Case No.3-N/10 of 2007.

(2.) Material facts necessary for adjudication of this petition are that the petitioner filed a petition under Section 125 of the Code of Criminal on her behalf and also on behalf of her two sons, namely, Mohit Sharma and Ankit Sharma in the Court of Chief Judicial Magistrate, Sirmour at Nahan against the respondent. According to averments contained in the petition, the marriage was solemnized between the parties according to Hindu rites, rituals and customs in December, 1996 at Nahan.

(3.) The relations between the parties remained cordial for some time. Thereafter, the respondent started picking up quarrels with the petitioner. He also demanded dowry from the petitioner. Harassment increased after the birth of second son. The matter was taken before the local Panchayat, where the matter was compromised between the parties on 8.9.2005. Mohit Sharma and Ankit Sharma are school going children. The respondent is not paying the fees of his sons. The petitioner as well as her two sons are totally dependent upon the income of the respondent. She is also suffering from Asthma and undergoing treatment. The total expenditure required for the study of the children is Rs. 3000/- per month and the monthly expenditure of the petitioner is about Rs. 3500/-. The respondent is stated to be a Government servant drawing the salary at the rate of Rs. 15,000/- per month. He has also earnings of rupees one lakh per year from other sources.