LAXMANLAL Vs. KANKU

JUDGEMENT

(1.) Instant criminal writ petition has been filed by the petitionerhusband against the order dtd. 1/11/2019 passed by learned Additional Sessions Judge, Dungarpur whereby the learned Judge dismissed the criminal appeal of the petitioner and affirmed the order dtd. 11/4/2019 passed by learned Gram Nayalaya, Bicchiwara, District Dungarpur whereby the learned Gram Nayalaya allowed the application under Sec. 125 Cr.P.C. filed by the respondent-wife and directed the petitioner to pay a sum of Rs.4,000.00 per month to the respondent-wife as maintenance. Brief facts of the case are that the respondent-wife filed an application under Sec. 125 Cr.P.C. before the Family Court, Dungarpur seeking maintenance against the petitioner-husband.

(2.) The petitioner-husband filed reply to the said application denying all the averments made therein. The said application was dismissed in default for non-prosecution by the Family Court. Thereafter, respondent-wife again filed an application under Sec. 125 Cr.P.C. before the Gram Nayalaya against the petitioner-husband. Reply to the said application was again filed by the petitioner-husband denying all the averments made therein.

(3.) On behalf of the respondent-wife, four witnesses were adduced and three documents were exhibited. On the other hand, the petitioner-husband adduced three witnessed and exhibited eight documents.