LAWS(HPH)-2004-10-1

KESARI DEVI Vs. JAGDEV SINGH

Decided On October 05, 2004
KESARI DEVI Appellant
V/S
JAGDEV SINGH Respondents

JUDGEMENT

(1.) This revision petition arises out of the orders of learned Additional Sessions Judge (I), Kangra at Dharmshala, dated 18-12-2003.

(2.) In order to appreciate the controversy, relevant facts may be noticed :

(3.) Respondent Kesari Devi (wife for short) was married to petitioner Jagdev Singh (husband for short). Wife laid a petition against the husband before the learned Judicial Magistrate, 1st Class, Dharamshala, for the grant of maintenance under S. 125 of the Code of Criminal Procedure. The maintenance was claimed for herself and her daughter, born out of the wedlock. Wife claimed that she was living separately, due to maltreatment of the husband. Husband admittedly is working as Head Draftsman in the office of Central Water Commission at Delhi and receiving approximately salary of Rs. 10,000/- per month.