KAMALJIT Vs. ANJANA KUMARI

JUDGEMENT

(1.) Aggrieved by the order dated 13.8.2013, passed by learned Additional Sessions Judge, Hamirpur, in Criminal Revision No.18 of 2012, the petitioner-husband (respondent in the Court below) has filed this petition with a prayer to quash and set aside the same. It is seen that vide order under challenge, minor respondents No.2 and 3, have been awarded monthly maintenance allowance at the rate of Rs.1750/- each.

(2.) Admittedly, the petitioner is married to respondent No.1 according to Hindu rites and customs on 14.2.2003. On account of alleged maltreatment, he meted out to his wife-respondent No.1, she started living separately from him. The petitioner-husband allegedly neglected and refused to maintain her and also the minor children, respondents No.2 and 3. Since the petitioner- husband was allegedly working as a contractor and earning more than Rs.15,000/- per month, therefore, a sum of Rs.2000/- each was sought to be awarded as monthly maintenance allowance against him.

(3.) Learned trial Court on appreciation of the pleadings of the parties and the evidence available on record has arrived at a conclusion that since respondent No.1-wife has failed to show sufficient cause to live away from the company of the husband-petitioner, therefore, held her not entitled to the grant of maintenance allowance, however, maintenance allowance at the rate of Rs.1750/- per month was granted in favour of each of minor respondents No.2 and 3.