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2016 DIGILAW 784 (UTT)

MOHAN SINGH KARKI v. MOHANI DEVI

2016-10-28

RAJIV SHARMA

body2016
JUDGMENT Hon’ble Rajiv Sharma, J. 1. The present petition is instituted against the judgment rendered by learned Additional Sessions Judge, Almora, on 23.03.2015 in Criminal Revision No.03 of 2015. 2. “Key facts” necessary for adjudication of this petition are that the marriage between the applicant and the respondent was solemnized in the year 1972. The respondent-wife instituted an application under Section 125 of Cr.P.C. in the Court of Judicial Magistrate, Dwarahat, District Almora claiming Rs.10,000/- per month as maintenance from the applicant. On 30.04.2014, the trial court granted Rs.3,500/- per month for the maintenance of respondent. 3. Applicant filed a revision before the Sessions Judge, Almora. Learned Additional Sessions Judge, Almora vide order dated 23.03.2015 reduced the amount of maintenance from Rs.3,500/- to Rs.2,500/- per month. Hence, this C-482 petition. 4. It has come on the record that the applicant has abandoned the respondent. He was serving in the Indian Army. He is getting the pension from the Indian Army. Thereafter, the applicant joined Pantnagar University. The applicant is also having some agricultural land. He is also getting pension from the university. 5. Learned Additional Sessions Judge, Almora has correctly assessed his income and reduced the amount from Rs.3,500/- to Rs. 2,500/- per month for the maintenance of respondent. The sum of Rs. 2,500/- per month for the maintenance of respondent is a meager amount and there is no ground to interfere with the judgment passed by learned Additional Sessions Judge. 6. Accordingly, there is no merit in this C-482 petition and the same is hereby dismissed.