KAMAL KUMAR Vs. KALPANA KUMARI

JUDGEMENT

(1.) By way of instant petition filed under sec. 482 of the Code of Criminal Procedure, 1973 challenge has been laid to order dtd. 20/6/2018, passed by the learned Additional Sessions Judge, Hamirpur, in criminal Appeal No. 2 of 2014, whereby learned court below while partly allowing the appeal having been filed by the petitioner-Kamal Kumar, set aside order dtd. 28/2/2014, passed by the learned Chief Judicial Magistrate, Hamirpur, H.P., whereby learned CJM had awarded the maintenance allowance to the respondent Smt. Kamla Kumari and her daughter namely Kusum Bala @ Rs.2,000.00 p.m. each, from the date of filing of the present petition.

(2.) Facts, as emerge from the record are that, marriage inter-se parties was solemnized in the year, 1990 and out of the said wedlock, four children were born but since parties were not able to reside together on account of certain differences, they started living separately. Respondent subsequently filed petition under sec. 12 of the Protection of Women From Domestic Violence Act (in short "the Act"), in the Court learned CJM, Hamirpur, which came to be registered as Petition (D.V. Act) No. 09 of 2010. Learned court below on the basis of pleadings adduced on record by the respective parties held the respondent-wife (Kalpana) and her elder daughter entitled to the maintenance of Rs.2,000.00 p.m. each to be paid by the present petitioner from the date of filing of the present petition.

(3.) Being aggrieved and dis-satisfied with the aforesaid order passed by the learned Chief Judicial Magistrate, Hamirpur, petitioner preferred an appeal under Sec. 29 of the Act in the Court of learned Additional Sessions Judge Hamirpur, who while partly allowing the appeal upheld the maintenance awarded in favour of the respondent Kalpana, whereas he set-aside the amount of maintenance awarded in favour of the daughter Kusum Bala, who is not party before this Court. In the aforesaid background, petitioner has approached this Court laying therein challenge to order dtd. 20/6/2018, passed by the learned Additional Sessions Judge, in the instant proceedings.