SUBHASH CHAND S/O RAMSNEHI Vs. SARASWATI DEVI W/O SUBHASH CHAND
LAWS(UTN)-2012-3-129
HIGH COURT OF UTTARAKHAND
Decided on March 14,2012

Subhash Chand S/O Ramsnehi Appellant
VERSUS
Saraswati Devi W/O Subhash Chand Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 23.05.2011, passed by Principal Judge, Family Court, Dehradun, in Case No. 199 of 2010, Smt. Saraswati Devi and another vs. Subhash Chand, whereby said court directed the present petitioner to pay maintenance at the rate of Rs 5,000/- per month to his wife and his minor son.
(3.) Brief facts of the case are that, the petitioner got married to respondent no.1 in the year 2002. A son (named Rohit) was born out of the wedlock in the year 2005. It appears that there had been more than one round of litigations under section 125 of Cr.P.C., between the parties to matrimony. In the first round of litigation which terminated in terms of compromise the petitioner agreed to pay his wife maintenance at the rate of Rs 5,000/- per month, if he harassed his wife. It appears that the wife joined company of her husband in the year 2003. But again after the birth of the child relations appears to have been soured and the wife has pleaded that the present petitioner is neglecting to maintain her and the son.;


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