LEKH RAJ Vs. SMT. SUSHILA AND ANOTHER

JUDGEMENT

(1.) Instant petition is directed against order dated 9.10.2017 passed by learned Additional Sessions Judge, Kullu, District Kullu, HP in Cr. Revision No. 12 of 2016 affirming order dated 29.9.2016 passed by the learned Judicial Magistrate 1st Class, Manali, District Kullu, Himachal Pradesh in Cr.M.A. No. 2-IV/2014, whereby learned Court below, while allowing petition under section 125 CrPC, 1973 having been filed by the respondents, awarded a sum of Rs. 2,500/- per month to respondent No. 1 and Rs. 1,500/- per month to respondent No. 2 as maintenance.

(2.) In nutshell, facts of the case as emerge from the record are that the respondents filed a petition under section 125 CrPC, 1973 in the court of learned Judicial Magistrate 1st Class, Manali, District Kullu, Himachal Pradesh, praying therein for award of monthly maintenance allowance to the tune of Rs. 20,000/- per month. Learned trial Court, on the basis of material adduced on record by respective parties, held respondents No. 1 and 2 entitled to maintenance at the rate of Rs. 2,500/- and Rs. 1,500/- per month, respectively.

(3.) Being aggrieved and dissatisfied with the aforesaid order passed by Judicial Magistrate 1st Class, Manali, petitioner herein preferred a revision petition under section 397 CrPC, 1973 in the court of learned Additional Sessions Judge, Kullu, District Kullu, who, vide order dated 9.10.2017, dismissed the same, as a result of which, order dated 29.9.2016 passed by Judicial Magistrate 1st Class, Manali came to be upheld. In the aforesaid background, petitioner approached this Court in the instant proceedings, praying therein to quash and set aside the impugned orders passed by both the learned Courts below.