AMIT SINGH Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-8-97
HIGH COURT OF UTTARAKHAND
Decided on August 12,2013

AMIT SINGH Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) Smt. Anamika Singh moved an application under Section 125 Cr.P.C. against her husband Amit Singh for grant of maintenance allowance. According to her, she was married to Amit Singh on 7-5-2003 at Methodist Church, Footgali, District Bageshwar. A daughter was begotten by her out of the said wedlock. Her husband was not happy with dowry and therefore, he ridiculed her for not bringing sufficient dowry. He used to assault her after consuming alcohol. On 29-01-2005, O.P/revisionist left the applicant/respondent no. 2 at her matrimonial home, but did not come to bring them (wife and daughter) back. The applicant said that she has no means of livelihood for herself and her daughter. According to her, the opposite party refused to maintain her and her daughter. He neglected both of them. His monthly income was more than Rs. 15,000/-. She prayed for Rs. 6,000/- per month as maintenance allowance for herself and her daughter.
(2.) The notice was sent to O.P/revisionist, which was served upon him, but he did not come to attend the Court despite service of notice. Since, no objection was filed on behalf of the O.P/revisionist, therefore the application under Section 125 Cr.P.C. was allowed in her favour ex-parte and against the O.P/revisionist.
(3.) Pw1 Anamika Singh and PW2 Smt. Bhagwati M. Singh were examined on behalf of the applicant. They proved the contents of the application under Section 125 Cr.P.C. Learned Chief Judicial Magistrate, Bageshwar therefore, allowed the application for grant of maintenance, vide judgment and order dated 25-07-2006.;


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