DES RAJ GUPTA Vs. SMT. URMILA GUPTA

JUDGEMENT

(1.) BY this petition, the petitioner -husband has sought the quashing of the order/judgment dated 10.4.2007, passed by the learned Sessions Judge, Shimla in Criminal Revision No. 26 -S/10 of 2006 and also the order passed by the learned Judicial Magistrate Ist Class, Court No. 2, Shimla, in Case No. 126/4 of 2003/06, decided on 15.7.2006, on an application, moved by the respondent -wife, under Section 125 of the Code of Criminal Procedure, for the grant of maintenance to her.

(2.) ADMITTEDLY , the respondent is the wife of the petitioner. She moved an application in the month of July, 2003, seeking maintenance, from her petitioner -husband, wherein, she alleged torture and was neglected and refused maintenance by her husband. She alleged that she was left at the resident of her mother at Shimla, in the year 1994 by her husband. Thereafter, he did not call her back and left without any monetary assistance. Later she came to know that the petitioner -husband had contacted second marriage. She stated that she was unable to maintain herself whereas, her husband was having a flourishing business at Tata -pani, having an income of Rs. 25,000/ - per month.

(3.) THE parties were put to trial. They led their respective evidence. The contention raised by the respondent -wife weighed with the learned trial Court and the defence taken by the petitioner -husband was disbelieved, as such the application was allowed and the maintenance was awarded in the sum of Rs. 3,000/ - per month from the date of filing the petition, which was assailed in Criminal Revision No. 26/S/10 of 2006, before the Court of Sessions.