JALPU RAM Vs. UTTAMI DEVI

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Article 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for setting aside the order dated 19.01.2017, passed by the learned Judicial Magistrate 1st Class, Manali, District Kullu, H.P., in CRPC No. 2/160/15, whereby interim maintenance to the tune of ' 1500/- per month was awarded in favour of Smt. Uttami Devi.

(2.) Briefly stating the facts, giving rise to the present petition are that Smt. Uttami Devi, who was the petitioner before the learned trial Court (hereinafter to be called as "the petitioner") has filed the petition against Sh. Jalpu Ram, who was the respondent before the learned trial Court (hereinafter to be called as "the respondent"), under Section 125 Cr.PC for grant of monthly maintenance at the rate of ' 10,000/- per month, wherein it was alleged by the petitioner that she is divorced wife of the respondent and marriage between the parties was solemnized about 26 years ago, as per local customs of the area and out of the said marriage a male child was born out. The petitioner and respondent resided together as husband and wife for many years, with the passage of time, the relation between the parties become strained, as the respondent started giving beatings to the petitioner, due to which, divorce took place between the parties and the petitioner started residing in the house of her parents. It is further alleged by the petitioner that at the time of divorce no maintenance was given to her, further she has no source of income, whereas the respondent is having landed property, orchards and hotels in Manali from where he is having very good income. Hence the petitioner prayed for monthly maintenance at the rate of ' 10,000/- per month.

(3.) Respondent, by filing reply to the petition denied that the petitioner is his divorced wife and as per his version, no marriage was ever solemnized between them. He further averred that the petitioner developed friendly relation with the respondent and due to such relationship a male child was born. Moreover, the respondent is having a legally wedded wife and he was never lived with the petitioner as husband, thus he prayed for the dismissal of the petition.