KESARI DEVI Vs. KARAM SINGH CHANDEL

JUDGEMENT

(1.) Cr.MMO No. 80 of 2014:

(2.) THE complainant Kesari Devi has filed the present petition under Section 482 Cr.P.C. read with Section 227 of the Constitution of India praying therein for modification of the order passed by learned Additional Sessions Judge, Shimla whereby he not only reduced the maintenance in her favour from Rs.1500/ - to Rs.1200/ - per month and instead of granting the same from the date of application, granted the same from the date of the order i.e. 31.8.2013.

(3.) THE respondent contested the claim by denying the marriage and he also denied that the parties had cohabited as husband and wife upto October, 2010. His case was that in the year 1950 the complainant was brought at home by his parents in his absence according to the local custom prevailing in the area at the relevant time and no marriage ceremony took place between them. However, the birth of the two daughters out of cohabitation was not denied. It was alleged that the complainant used to go her parents house every week, after leaving the old parents of the respondent which resulted in the strained relationship between the parties which ultimately culminated into the dissolution of the relationship. Thereafter, the respondent had performed legal and valid marriage with Vidya Devi. Lastly, it was denied that the respondent was earning Rs.25,00,000/ - per year and his monthly pension is Rs.15,000/ -. It was submitted that he is receiving a pension of about Rs.7,000/ - per month and had no other source of income.