KRISHAN DUTT Vs. SUNITA

JUDGEMENT

(1.) Present petition has been filed against impugned order, dated 19th May, 2018, passed in Criminal Revision No. 12Cr.R./10 of 2018, titled Krishan Dutt versus Sunita, by learned Sessions Judge, Sirmaur District at Nahan, whereby revision petition filed by the petitioner has been partly allowed directing release of the petitioner from civil imprisonment subject to deposit of the amount as per undertaking given by him before the learned Sessions Judge in the said revision petition, failing which the trial Court has been granted liberty to proceed against the petitioner in accordance with law.

(2.) It is apt to record herein that the petitioner had preferred aforesaid revision petition against order, dated 28th April, 2018, passed by the learned Chief Judicial Magistrate, Sirmaur at Nahan, whereby, on expressing his inability to make payment of maintenance allowance in Execution Petition/Case No. 182/4 of 2013 filed for recovering the maintenance awarded in favour of the respondent in proceedings under Sec. 125 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), the trial Court had ordered to commit the petitioner to civil imprisonment for one month for default of payment of maintenance allowance to the month of Aug., 2010.

(3.) It appears from the order passed by the trial Court (Annexure P1) as well as impugned order, dated 19th May, 2018 (Annexure P3) that the petitioner is not paying maintenance allowance to the respondent at least since 2010.