Pravin Singh vs Smt. Tulsi Devi

Prafulla C. Pant, J.—Heard.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioner has challenged the order dated 22.06.2011, passed by the Sessions 2 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 Rs. 1,500 per month to his wife and Rs. 1,500/- per month (in all Rs. 3,000/- per month) to his minor son u/s 125 of Code of Criminal Procedure

Learned Counsel for the Petitioner submitted that Petitioner is a labour, and unable to earn the amount directed to be paid as maintenance.

Admit the petition.

Issue notices to Respondent Smt Tulsi Devi, who may file her counter affidavit within a period of four weeks.

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 Rs. 1,200/- per month to his wife and Rs. 800/- per month to his minor son (in all Rs. 2,000/- per month), or deposits in their favour before the trial court, the recovery by remaining Rs. 1,000/- per month shall remain stayed until further order of this Court. The 3 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.