KANTI DEVI AND ANOTHER Vs. SULTAN SINGH AND ANOTHER
LAWS(UTN)-2013-6-130
HIGH COURT OF UTTARAKHAND
Decided on June 10,2013

Kanti Devi And Another Appellant
VERSUS
Sultan Singh And Another Respondents

JUDGEMENT

- (1.) An application under Section 125 Cr.P.C. was moved by Smt. Kanti Devi and Kumari Shobha against Sultan Singh for award of maintenance. The same was contested by Sultan Singh by way of filing written statement. The marriage of Smt. Kanti Devi with Sultan Singh was admitted. It was also admitted that a daughter, Kumari Shobha was begotten out of the wedlock of Smt. Kanti and Sultan Singh. Defendantrespondent Sultan Singh (since retired) was headmaster in the Dhakrani Primary School, Dehradun. It was stated in the written statement that the applicants Smt. Kanti Devi and Kumari Shobha were able to maintain themselves. Documentary evidence was offered to show that the total monthly income of Sultan Singh was R.s 15,710/-. After the deductions of G.P.F, LIC etc., Sultan Singh's take home salary was Rs. 7394/- only.
(2.) After considering the averments made in the pleadings and evidence brought on record, learned Principal Judge, Family Court, Dehradun, vide order dated 06.05.2006, allowed the application under Section 125 Cr.P.C. in part. Defendant/opposite party (Sultan Singh) was directed to pay a sum of Rs. 2000/- per men sem to the applicant no. 1 Smt. Kanti Devi (wife of Sultan Singh). The maintenance allowance was made operational from the date of passing of the order (i.e. 06.05.2006). Since applicant no. 2 Kumari Shobha attained majority, therefore, it was held that she was not entitled to maintenance.
(3.) Aggrieved against the impugned order dated 06.05.2006, present criminal revision was preferred on behalf of the revisionists saying that the learned Principal Judge, Family Court has awarded meager amount of Rs. 2000/- per month, which should be enhanced to Rs. 8000/- per month.;


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