USHA DEVI Vs. VINOD KUMAR

JUDGEMENT

(1.) Instant criminal miscellaneous petition under Section 482 Cr.PC is directed against the order dated 15.09.2014 passed by the learned Sessions Judge, Una Distt. Una (H.P.) in Criminal Revision No. 12-X/13, partly modifying the order dated 27.09.2013 passed by the learned Judicial Magistrate 1st Class, Court No. 1, Una, whereby the learned Trial Court had awarded maintenance amounting to Rs. 2000/- per month in favour of petitioner as well as her daughter, namely, Sonu Devi.

(2.) Briefly stated the facts as emerged from the record are that the petitioner alongwith her daughter, namely, Sonu Devi preferred an application under section 125 Cr.PC in the Court of learned Judicial Magistrate 1st Class, Court No. 1, Una, seeking therein maintenance allowance amounting to Rs. 5000/- and Rs. 3000/- respectively per month. In the aforesaid application, petitioner claimed that her marriage was solemnized with respondent No. 1 on 209.2009 and an agreement was also executed, whereby respondent No. 1 adopted respondent No. 2 as daughter and agreed to provide maintenance to them. It also emerged from the record that previous marriage of petitioner with one Manohar Lal was dissolved by a decree of mutual divorce by learned District Judge, Una on 21.04.2009. Petitioner specifically contended before the Court below that the respondent provided all basic necessities of life to petitioner as well as her daughter for 1 year after marriage, but thereafter he started torturing her in connivance with his brothers and sisters and compelled her to leave the matrimonial house. Petitioner further claimed in the application as referred above that the matter was also reported to the Panchayat, but no effective steps were taken and, as such, she was compelled to file application under section 125 Cr.PC. In the said application, petitioner specifically contended that the respondent No. 1 is a regular employee of HPPWD and drawing salary of Rs. 13000/- cash in hand besides other deductions, whereas she has no source of income to maintain herself as well as her daughter and, as such, maintenance of Rs. 5000/- and Rs. 2000/- respectively per month be awarded in favour of the petitioner as well as her daughter Sonu Devi. Learned Trial Court on the basis of material adduced on record by the respective parties held the petitioner and her daughter entitled for maintenance of Rs. 2000/- per month each from the date of passing of order.

(3.) Being aggrieved and dissatisfied with the aforesaid order passed by learned Judicial Magistrate 1st Class, Court No. 1, Una, respondent No. 1 preferred revision petition under Section 397 Cr.PC in the Court of learned Sessions Judge, Una Distt. Una (H.P.), which came to be registered as Criminal Revision No. 12-X/1 Learned Sessions Judge vide order dated 15.09.2014 partly allowed the appeal and set-aside the impugned order passed by the learned Trial Court to the extent of granting maintenance @ Rs. 2000/- per month to the petitioner, namely, Usha Devi. However, the fact remains that maintenance amounting to Rs. 2000/- per month awarded in favour of petitioner's daughter was upheld by the learned Sessions Judge.