KAILASH CHANDRA KANDPAL Vs. BEENA KANDPAL
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Kailash Chandra Kandpal
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(1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the order dated 24.03.2009, passed by Sessions Judge, Almora, in criminal revision no. 26 of 2008, Kailash Chandra Kandpal vs Smt. Beena Kandpal as also the order dated 30.08.2008, passed by Chief Judicial Magistrate, Almora, in Criminal Misc. Case No. 26 of 2008, Smt. Beena Kandpal vs Kailash Chandra Kandpal under Section 125 of Cr.P.C.
(2.) Smt. Beena Kandpal (wife) filed an application against Kailash Chandra Kandpal (husband) for grant of maintenance allowance under Section 125 of Cr.P.C. in the court of Chief Judicial Magistrate, Almora. The same was contested by the husband. Evidence was adduced by the parties. After considering the evidence on record, learned Chief Judicial Magistrate, Almora, vide judgment and order dated 30.08.2008, allowed the application of the wife. 2 Husband was directed to pay a sum of Rs. 2,000/- per month to his wife as maintenance allowance. Aggrieved against the order dated 30.08.2008, a criminal revision was preferred by the husband, which criminal revision was dismissed vide impugned judgment and order dated 24.03.2009. Aggrieved against the same, present application under Section 482 of Cr.P.C. was moved by the applicant-husband.
(3.) This fact is under no dispute that the parties were married to each other. It was alleged by the wife that on 18.06.2006, she was ousted from her matrimonial home. Her streedhan was not returned to her by her husband and in-laws. Respondent-wife said that her husband, who was having sufficient means, ignored and refused to maintain her. Respondent-wife also said that she was unable to maintain herself. It was stated that the husband was working in an Intermediate College at Ghaziabad. The monthly income, as on the date of filing of the application, was Rs.5,000/-. Husband was also earning another Rs.5,000/- by arranging tuitions. Her father-in-law was a retired employee of the Education Department. The husband also owned a shop in village Kanda Naula. Thus, the total monthly income of the husband, according to the wife, was Rs.20,000/-.;
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