CHET RAM Vs. MEENA DEVI

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, has been maintained by the petitioner against the order, dated 7.8.2015, passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, affirming the order dated 29.5.2015, passed by the learned Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, with a prayer to allow the present petition and set aside both the orders passed by the learned Courts below.

(2.) Brief facts giving rise to the present petition are that the respondent-wife maintained the petition, under Section 125 of the Code of Criminal Procedure, against the petitioner-husband, for grant of maintenance allowance on the allegations that respondent is legally wedded wife of the petitioner-husband and the marriage was solemnized on 14.8.1997. After the marriage, both husband and wife resided together for about eight years. In the year 2005, the respondent-wife was thrown out of the house of petitioner-husband. On 18.9.2005, the petitioner undertook to maintain the respondent-wife in the presence of Panchayat.

(3.) The petition is resisted and contested by the respondent-wife on the ground that the respondent is legally wedded wife of the petitioner and their marriage was solemnized on 14.8.1997 before the Marriage Officer, Solan, according to Hindu rights. The learned Court below in an application awarded maintenance allowance to the tune of Rs. 4,000/- per month to the respondent-wife, vide order dated 29.5.2015 and against the said order, the petitioner-husband maintained Criminal Revision petition before the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, which was also dismissed.