GOVINDI DEVI W/O DUGAR SINGH Vs. STATE OF UTTARAKHAND AND ORS
LAWS(UTN)-2012-2-66
HIGH COURT OF UTTARAKHAND
Decided on February 22,2012

Govindi Devi W/O Dugar Singh Appellant
VERSUS
State of Uttarakhand and Ors Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has challenged order dated 16.06.2010, passed by Sessions Judge, Champawat in Criminal Revision No. 33 of 2009 whereby said court has reduced enhanced maintenance of Rs. 2,000/- per month directed to be paid by the Magistrate to the petitioner, to Rs. 800/- per month.
(3.) Brief facts of the case are that admittedly, petitioner Govindi Devi got married to respondent no.2 Dungar Singh in the year 1964. However, there was no issue out of the wedlock. It appears that without getting decree of divorce, the respondent no. 2 (husband) started living with another woman and through her he has two children. In the year 2007, petitioner Govindi Devi (wife) filed the Criminal Misc. Case No. 56 of 2002 claiming maintenance under section 125 of Cr.P.C., from her husband Dugar Singh (respondent no.2). The Magistrate, vide his order dated 24.12.2002, directed the present respondent no.2 Dungar Singh to pay maintenance at the rate of Rs. 500/- per month to his wife Govindi Devi. In the year 2008 the wife (Govindi Devi) moved an application under section 127 of Cr.P.C., for enhancement of maintenance to Rs. 5,000/- per month. The trial court after hearing the parties and recording the evidence directed the husband (Dungar Singh) to pay enhanced maintenance at the rate of Rs. 2,000/- per month with effect from May 2008, to his wife Govindi Devi. Aggrieved by said order dated 09.09.2009, passed by Chief Judicial Magistrate, Champawat, Dungar Singh (husband) filed Criminal Revision No. 33 of 2009. the revisional court (Sessions Judge, Champawat) after hearing the parties reduced the enhanced sum from Rs. 2,000/- per month to Rs. 800/- per month. Hence this petition.;


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