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Judgment
(1) Heard.
(2) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 22.06.2011,
passed by the Sessions Judge Champawat, in Criminal Revision No. 07 of 2011 whereby said court has affirmed the judgment and order dated
22.03.2011, passed by Judicial Magistrate Champawat in Criminal Misc. Case No. 11 of 2009 (34 of 2009) directing the petitioner to pay maintenance
at the rate of ` 1,500 per month to his wife and ` 1,500/-per month (in all ` 3,000/- per month) to his minor son under section 125 of Cr.P.C.
(3) Learned counsel for the petitioner submitted that petitioner is a labour, and unable to earn the amount directed to be paid as maintenance.
(4) Admit the petition.
(5) Issue notices to respondent Smt Tulsi Devi, who may file her counter affidavit within a period of four weeks.
(6) Having heard learned counsel for the petitioner, and after going through the order challenged before this court, as an interim measure, it is directed
that if the petitioner pays ` 1,200/-per month to his wife and ` 800/- per month to his minor son (in all ` 2,000/- per month), or deposits in their favour
before the trial court, the recovery by remaining ` 1,000/- per month shall remain stayed until further order of this court. The petitioner is allowed to
deposit the arrears of the maintenance within one month from today. If there is any default in payment of arrears of maintenance at the rate directed
by this court, and in payment of any future monthly maintenance thereafter, this interim order shall automatically stand vacated. (Stay Application No.
6731 of 2011 disposed of).
(7) List after four weeks.