LAWS(HPH)-2015-7-109

DHANI RAM BHATIA Vs. KALAWATI AND ORS.

Decided On July 27, 2015
Dhani Ram Bhatia Appellant
V/S
Kalawati And Ors. Respondents

JUDGEMENT

(1.) THIS petition is instituted against the order, dated 16.04.2015, rendered by the learned Sessions Judge, Bilaspur, H.P. in Criminal Revision No. 8/10 of 2013.

(2.) KEY facts necessary for the adjudication of this petition are that the respondents have moved an application under Section 125 Cr. P.C. before the learned Judicial Magistrate, 1st Class, Ghumarwin, District Bilaspur, H.P. for the grant of maintenance. The same was allowed on 16.06.2001. The respondent No. 1 was awarded a sum of Rs. 400/ - per month towards maintenance and the respondent No. 2 was granted a sum of Rs. 250/ - per month from the date of order, i.e., 16.06.2001. The respondents have filed a Cr. M.A. No. 78/4 of 2005/04 under Section 127 Cr. P.C. for enhancement of maintenance amount.

(3.) MR . Ashwani Kaundal, learned counsel for the petitioner has vehemently argued that the Courts below have misconstrued and misread the statements of the witnesses. According to him, the respondent No. 1 was earning handsome amount of Rs. 6000 -7000/ - per month from selling milk and stitching clothes and the respondent No. 2 was also earning a sum of Rs. 6000/ - per month. He also contended that the application preferred by his client for conducting DNA test of paternity of respondent No. 2 was wrongly dismissed by the learned Sessions Judge, Bilaspur, H.P.