SMT. LATA DEVI Vs. SH. MADAN LAL

JUDGEMENT

(1.) Present petition is filed under Sec. 482 of the Code of Criminal Procedure 1973 read with Art. 227 of Constitution of India against order dated 10.9.2014 passed by learned Judicial Magistrate Ist Class Court No. 5 Shimla in maintenance case No. 13-4 of 2013 title Smt. Lata Devi and another Vs. Madan Lal.

(2.) Brief facts of the case:

(3.) Per contra response filed on behalf of Sh. Madan Lal pleaded therein that petition is not maintainable and petitioners have not come to court with clean hands and they have suppressed material facts. It is further pleaded that present petition filed just to harass non-petitioner. It is admitted that Madan Lal is Government servant and is posted as peon cum chowkidar in Government High School Chenog Tehsil and District Shimla. It is further pleaded that Madan Lal is handicapped person and has permanent disability to the extent of 60%. It is further pleaded that Madan Lal is also supporting his mother namely Kalawati aged 90 years. It is further pleaded that Madan Lal did not beat Smt. Lata Devi at any point of time because he is disabled person. Prayer for dismissal of maintenance petition sought.