GANGA RAM Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner ­ husband against the order dated 10.6.2005 passed by the learned Sessions Judge, whereby the revision petition filed by his wife and minor son was allowed, the order dated 30.9.2004 passed by the Chief Judicial Magistrate, was set aside and the wife and minor son were awarded a sum of Rs.1500/- and Rs.700/- per month respectively, as maintenance from the date of the filing of the petition under Section 125 Cr.P.C..

(2.) THE facts which are relevant for the decision of the present petition are that Smt. Kaushalya Devi and Sahil Kumar, minor, had filed a petition under Section 125 Cr.P.C. against Ganga Ram, (present petitioner), for the grant of the maintenance, with the allegations that Smt. Kaushalya Devi was the wife and Sahil Kumar, minor, was the son of Ganga Ram. It was alleged in the said petition that the marriage between Kaushalya Devi and Ganga Ram was solemnized about 14 years back and that Sahil Kumar, minor, was born out of this wed lock. It was alleged that after sometime, Ganga Ram started maltreating Kaushalya Devi. It was further alleged that Ganga Ram was earning more than Rs.8,000/- P.M. and was not providing anything to them for their maintenance and that they had no source of income. In reply, Ganga Ram, denied the allegations of maltreating. On the other hand, it was alleged that his wife and minor son both were living in his house. It was alleged that his wife was in the habit of abusing and maltreating him and his mother. It was further alleged that he was providing all necessities of life to his wife and his minor son.

(3.) NOTICE pending admission was issued to the other side and the records were also requisitioned.