SOHAN LAL Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(1.) Smt. Phoolkali (respondent no. 3) filed an application under Section 125 Cr.P.C. against the opposite party/revisionist Sohan Lal before the Judicial Magistrate, Dehradun. Thereafter, the case was transferred to Principal Judge, Family Court, Dehradun, who, vide judgment and order dated 24.06.2002, directed the opposite party/revisionist to pay Rs. 7,000/- per month as maintenance allowance to the applicant and her two minor children (respondents herein). That order of maintenance was an ex parte order, which, at the instance of opposite party, was set aside by the same Court. In the year 2002, Family Court at Rishikesh was established. The application under Section 125 Cr.P.C. was, therefore, transferred to the Court of Additional Judge, Family Court at Rishikesh.
(2.) Learned Additional Judge, Family Court, Rishikesh, vide judgment and order dated 19.04.2007, allowed the application of Phoolkali and directed the opposite party/revisionist to pay Rs. 1,000/- each per month to the applicant and her two minor children (respondents herein), from the date of filing of the application.
(3.) By way of present Criminal Revision, the opposite party/revisionist has assailed the impugned order on two grounds. Firstly, that Phoolkali was living in adultery , therefore, she was not entitled to maintenance allowance in view of Section 125 (4) Cr.P.C. and secondly, that the Additional Judge, Family Court at Rishikesh had no jurisdiction to decide the case.;
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