USHA DABRAL W/O ANIL DABRAL D/O VIDHYA DUTT DOBHAL AND ORS Vs. ANIL DABRAL S/O GHANSHYAM DABRAL R/O 28A NAI BASTI RACECOURSE
LAWS(UTN)-2012-8-84
HIGH COURT OF UTTARAKHAND
Decided on August 07,2012

Usha Dabral W/O Anil Dabral D/O Vidhya Dutt Dobhal And Ors Appellant
VERSUS
Anil Dabral S/O Ghanshyam Dabral R/O 28A Nai Basti Racecourse Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition, moved under Section 482 of Cr.P.C., the petitioner has sought enhancement in the amount of maintenance directed to be paid by the appellate court under Protection Of Women From Domestic Violence Act, 2005.
(3.) Brief facts of the case are that the petitioner Usha Dabral is wife of the respondent Anil Dabral. It appears that due to matrimonial discord, the two are living separately. The petitioner filed a petition under Protection Of Women From Domestic Violence Act, 2005, before the Additional Chief Judicial Magistrate, 1 st Dehradun, which was numbered as Misc. Case No. 10477 of 2010. After hearing the parties, said court directed the respondent Anil Dabral to pay maintenance @ Rs. 2000/- per month to the present petitioner. Aggrieved by said order dated 07.04.2011, the petitioner preferred a Criminal Appeal No. 43 of 2011, under Section 29 of Protection Of Women From Domestic Violence Act, 2005. The appellate court (Additional Sessions Judge/2 nd Fast Track Court, Dehradun) allowed the appeal, and directed the respondent to pay maintenance @ Rs. 3500/- per month for herself and her children. It appears that still the petitioner is not satisfied with the amount of maintenance and wants further enhancement.;


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