PRAVEEN SHARMA S/O K L SHARMA Vs. RASHMI SHARMA W/O PRAVEEN SHARMA
LAWS(UTN)-2012-7-122
HIGH COURT OF UTTARAKHAND
Decided on July 24,2012

Praveen Sharma S/O K L Sharma Appellant
VERSUS
Rashmi Sharma W/O Praveen Sharma Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition, moved under Section 482 of Cr.P.C., the petitioner has sought quashing of the order dated 19.06.2012, passed by Judge, Family Court, Pauri Garhwal, in Criminal Misc. Case No. 43 of 2011, Smt. Rashmi Sharma Vs. Praveen Sharma.
(3.) Brief facts of the case are that the petitioner Praveen Sharma got married to respondent Rashmi Sharma on 13.02.2006. It appears that the relations between the two got soured. The respondent Rashmi Sharma filed an application under Section 125 of Cr.P.C., claiming maintenance @ Rs. 5000/- per month from her husband (present petitioner). The trial court (Principal Judge, Family Court, Pauri Garhwal) after recording evidence and hearing the parties, vide its order dated 18.02.2011 passed in Criminal Misc. Case No. 42 of 2007, directed the present petitioner (husband) to pay maintenance @ Rs. 3000/- per month to his wife (present respondent). It was not an ex parte order. It appears that the petitioner did not pay the maintenance in compliance of the order passed under Section 125 of Cr.P.C. Consequently, the wife moved an application under sub Section (3) of Section 125 of Cr.P.C., for recovery on arrears of maintenance. On said application recovery warrants were issued by the trial court, and the impugned order was passed directing the employer of the petitioner to attach his salary to the extent of Rs. 10,000/- per month as outstanding dues were more than Rs. one lakh (1,00,000/-).;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.