Petitioner husband challenged orders granting maintenance to wife under Section 125 Cr.P.C. holding that increased pension makes the award reasonable. Dismissed revision under Section 482 CrPC.
Petition under Section 482 CrPC dismissed; orders granting maintenance upheld.
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C482 No. 1105 of 2014
Hon’ble Alok Singh, J.
Mr. Lalit Samant, Advocate for the petitioner.
Mr. Kamlesh Tiwari, Advocate holding brief of Mr. Lokendra Dobhal, Advocate for the respondent.
Petitioner is husband and respondent is wife. Respondent wife filed application for maintenance under Section 125 Cr.P.C. before the Chief Judicial Magistrate, Pithoragarh. Chief Judicial Magistrate, Pithoragarh allowed the application and granted maintenance @ Rs. 6,000/- per month. Against the order passed by the Chief Judicial Magistrate, petitioner filed a revision before Sessions Judge which was dismissed vide order dated 08.08.2014. Feeling aggrieved, petitioner has challenged both the orders.
Admittedly, in 2013, when application for maintenance was filed, petitioner was getting pension @ Rs. 10,000/- per month and he has also additional income from agricultural land. In 2019, naturally pension of the petitioner would have been increased, then, in my opinion, monthly maintenance awarded to respondent @ Rs. 6,000/- per month is reasonable and just.
In view of the above, no interference is called for. Petition under Section 482 CrPC fails and is hereby dismissed.
01.11.2019 SKS
2 issues framed by the court
Whether the contending claim to interfere with the orders granting maintenance is meritorious.
Whether the maintenance award of Rs. 6,000/- per month is reasonable given the petitioner's enhanced pension.
2 provisions across 1 enactments
Petitioner
Respondent
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
