LAWS(HPH)-2009-6-41

GHANSHYAM Vs. CHINTA DEVI

Decided On June 29, 2009
GHANSHYAM Appellant
V/S
CHINTA DEVI Respondents

JUDGEMENT

(1.) PRESENT revision petition is directed against the order dated 8.11.2006 of learned Additional Sessions Judge, whereby partly allowing the revision, filed by Chinta Devi and her minor children against the order dated 2.4.2005 of learned Additional Chief Judicial Magistrate, minor children, i.e. respondents Pooja Devi and Shivani, have been granted monthly maintenance allowance @ Rs.600/ -.

(2.) FACTS , relevant for the disposal of the petition, may be stated thus. Respondents Chinta Devi and her minor children Pooja Devi and Shivani, filed a petition, under Section 125 Cr. P.C., seeking award of monthly maintenance allowance, against petitioner Ghanshyam, alleging that Chinta Devi was his legally wedded wife and Pooja Devi and Shivani were born out of their wedlock. Petitioner took the plea that Chinta Devi was the wife of one Mohan Lal and respondents Pooja Devi and Shivani were born during subsistence of marriage of Chinta Devi with Mohan Lal. Learned trial Magistrate accepted the plea of the petitioner and dismissed the petition.

(3.) ONE of the learned Judges of this Court heard the arguments and reserved judgment. Later on, the case was released as the learned Judge felt that the present revision petition was not maintainable. He listed the matter to enable the revision petitioner to convince the Court how revision petition was maintainable.