PRITAM SINGH Vs. NIRMALA DEVI

JUDGEMENT

(1.) This petition is instituted against the order dated 23.2.2012 rendered by the Additional Sessions Judge (2), Kangra at Dharmshala in Cri. Revision No. 22/2011.

(2.) "Key facts" necessary for the adjudication of this petition are that respondent was granted maintenance to the tune of Rs. 450/- per month by the Gram Panchayat, Bhatalla vide order dated 25.6.1997 in petition No.211- IV/93 under section 125 of the Code of Criminal Procedure. Respondent filed an application under section 127 of the Code of Criminal Procedure in the Court of Chief Judicial Magistrate, Kangra at Dharamshala seeking enhancement of the maintenance from Rs. 450/- per month to Rs. 5,000/- per month. Petitioner filed reply to the same. It was specifically averred in the reply that application was not maintainable in view of the compromise in case No. 26-IV/2001 dated 20.10.2001 whereby vide agreement petitioner has given two storeyed Pucca house comprised in Khasra No.841 situated at Mohal Naddi, Mauza and Tehsil Dharamshala, District Kangra to respondent. It was exclusively owned and possessed by respondent in lieu of maintenance for present and future. He has executed sale deed in favour of respondent vide sale deed dated 10.2.2003. Respondent had also withdrawn a sum of Rs. 50,000/- from Punjab National Bank, Mecleodganj, Dharamshala. She has also kept the valuable articles with her. Learned Chief Judicial Magistrate, Kangra at Dharamshala enhanced the maintenance from Rs. 450/- to Rs. 3,000/- per month. Petitioner filed revision petition before the Additional Sessions Judge-II, Kangra at Dharamshala. He dismissed the same on 23.2.2012. Hence, the present petition.

(3.) Mr. Ajay Sharma has vehemently argued that in view of the compromise arrived at between the parties vide Annexure RW-1/B, the application preferred by respondent under section 127 of the Code of Criminal Procedure was not maintainable. He has also contended that his client in lieu of present and future maintenance has also executed sale deed of two storeyed house in favour of respondent. Respondent is owner of the house.