SHASHI PAUL SINGH Vs. GURMEET KOUR

JUDGEMENT

(1.) This petition filed under Sec. 482 Cr.PC challenges the order dtd. 8/3/2021, passed by the learned Principal Sessions Judge, Budgam (for short "Revisional Court") upholding the order dtd. 31/1/2020 passed by the court of Chief Judicial Magistrate, Budgam (for short "Trial Court") and rejecting the revision petition.

(2.) The petitioner has thus challenged both the orders in this petition. The grounds taken up for challenge of the orders are:

(3.) Briefly stating, the facts are that there are no dispute with regard to the fact that petitioner and respondent no.1, after marriage, have been living separately due to differences. The respondent no.1, being the wife and respondent no.2 being daughter of the petitioner while residing separately, approached the Trial court for maintenance under Sec. 488 Cr.PC. The said petition was filed before the Trial court on 5/11/2013, which after long spell more than six years, was decided 31/1/2020. The Trial court after having given sufficient opportunities to both the parties for leading evidences and after appreciating the evidences, concluded that the petitioner herein had sufficient source of income and has neglected to maintain the respondents, wife and child, and directed him to pay maintenance of Rs.2500.00 and 3000/- respectively. Though the petitioner herein pleaded that his wife has left the company without any reason and cause, is ready and willing to maintain her provided she joins his company and resides with him. On perusal of the record, it shows that he has refused to take her back and live with her and reside with him. The allegations also would show that the respondent no. 1 herein wife of the petitioner had sufficient reasons to reside separately from the company of petitioner-husband.