DHARAM SINGH Vs. PAWNA DEVI AND OTHERS

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 16.3.2018 passed by the learned Sessions Judge, Hamirpur, District Hamirpur, Himachal Pradesh in Cr. Revision No. 24 of 2014, modifying order dated 27.9.2014, passed by the learned Additional Chief Judicial Magistrate, Hamirpur, Himachal Pradesh in Cr.M.A. No. 138-IV-2012 in Crl. Petition No. 12/2012, whereby the court below, while allowing the application filed under S.125(1)(d)CrPC for grant of interim maintenance, held respondents-complainants (hereinafter, "complainants") entitled to maintenance to the tune of Rs. 1000.00 each per month from the date of filing of the petition till final disposal of the main petition, petitioner has approached this court, in the instant proceedings, filed under S.482 CrPC, praying therein to set aside the order passed by the learned Court below.

(2.) Facts, as emerges from the record are that the complainants filed a petition under S.125 CrPC, alongwith another application under S.125 (1)(d) CrPC, praying therein to grant interim maintenance allowance at the rate of Rs. 2500.00 per month to each of the complainants and Rs. 25,000.00 as litigation expenses. Complainants averred in the application that the petitioner-respondent (hereinafter, 'Petitioner') is a driver by profession and failed to maintain them, as such, they are entitled to maintenance under S.125(1)(d) Crimial P.C. during the pendency of the main petition under S.125 CrPC.

(3.) Complainants claimed that after marriage, petitioner started maltreating, beating and insulting them under the influence of liquor. On the other hand, petitioner, while refuting aforesaid claim put forth by the complainants, alleged that the marriage inter se him and complainant No.1 was dissolved on 20.12.2012 by a decree of divorces in a petition filed by the complainant No. 1 in the court of learned District Judge, Hamirpur, wherein complainant No.1 had categorically stated/admitted that she will not claim any maintenance for herself and on behalf of other complainants. Petitioner also claimed before the court below that the complainant No.1 has solemnized second marriage and at present she is residing with her second husband, as such, is not entitled for any compensation/maintenance under S.125 CrPC. Petitioner also claimed that his monthly income is Rs. 2500.00 and as such, he can not pay maintenance as awarded by the learned Court below. Learned trial Court, on the basis of material adduced on record by the parties, held complainants entitled to a sum of Rs. 750.00 per month each, as maintenance from the date of petition till final disposal of the same