LAWS(HPH)-2016-6-69

CHHAJU RAM Vs. SMT. ASHA DEVI

Decided On June 30, 2016
CHHAJU RAM Appellant
V/S
Smt. Asha Devi Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India is directed against judgment dated 27.3.2014 passed by learned Additional Sessions Judge -I, Kangra at Dharamshala, whereby he affirmed the order of grant of interim maintenance of Rs.3,000/ - to the respondent and two of her dependents.

(2.) Though this petition could have been conveniently dismissed only on the score that the petitioner till date has failed to comply with the orders passed by this Court from time to time, whereby he was directed to pay the arrears of maintenance. However, instead of dealing with the matter in a hyper technical manner, this Court would proceed to adjudicate upon the controversy by looking into the relative merits of the case.

(3.) The undisputed facts are that the marriage between the petitioner and respondent was solemnized in accordance with Hindu rites and customs and out of this wedlock two children, namely, Sanjna and Divyansh were born. Initially the relations between the parties remained cordial. However, after some time, there was a rift between them and the matter deteriorated to such an extent that the respondent was compelled to leave her matrimonial home along with the children.