IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C482 NO.865 OF 2007 Girish Chandra Joshi ……… Applicant Versus State and another ..…... Respondents Dated: July 30, 2010 Mr. B.D. Upadhyay, Advocate for the applicant Mr. Amit Bhatt, Addl. GA for the State Mr. B.S. Adhikari, Advocate for respondent no.2 HON. DHARAM VEER, J. By means of this petition moved u/s Section 482 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), the petitioner/applicant has sought quashing of the impugned judgment and order dated 22.9.2007 passed by Sessions Judge, Almora and the judgment and order dated 13.8.1999 passed by Judicial Magistrate, Ranikhet, by which the applicant was directed to pay maintenance allowance of Rs.500/- per month to the respondent no.2/wife from the date of application. 2. Heard learned counsel for the parties and perused the material available on record. 3. Brief facts of the case are that Smt. Champa Devi (respondent no.2) moved an application u/s 125 Cr.P.C. stating therein that she is legally wedded wife of the applicant. She got married with the applicant in the year 1969 as per Hindu RITES. She remained with the applicant for a long period in his village. During that period, the behaviour of her husband, mother-in-law and father-in-law was very cruel towards her. It is further stated that when she could not gave birth to a child, the applicant and his family members ousted her from the house. Thereafter, she 2 came to her brother’s house and since then she is residing at her brother’s house. It is alleged that the applicant did not pay any heed towards her since the day she was ousted from the house. It is further stated that she is an illiterate lay. She is ill and is a burden upon her brother. She is having no source of income and is unable to maintain herself. On the other hand, it is stated that the applicant is in CRPF. It is further alleged that the applicant has solemnized the second marriage. With these averments, an amount of Rs.500/- per month was sought as maintenance allowance by respondent no.2. Vide order dated 13.8.1999, learned Judicial Magistrate, Ranikhet allowed the application u/s 125 Cr.P.C. and directed the applicant to pay maintenance allowance of Rs.500/- per month to the respondent no.2/wife from the date of application. Feeling aggrieved by the said judgment and order dated 13.8.1999, the applicant preferred a revision before Sessions Judge, Almora, who, vide his judgment and order dated 9.8.2001 while allowing the revision of the applicant, set aside the judgment and order dated 13.8.1999 and also rejected the application moved by the respondent no.2 u/s 125 Cr.P.C. Against the said judgment and order dated 9.8.2001, respondent no.2 preferred a revision before this Court. Vide order dated 4.12.2006, this Court allowed the revision of respondent no.2/wife and set aside the order dated 9.8.2001 and remanded the matter back to the revisional court for deciding the matter afresh. After the revision was remitted by this Court, learned Sessions Judge, Almora, vide order dated 22.9.2007 dismissed the revision of the applicant, which was preferred by the applicant against the order dated 13.8.1999 passed by Judicial Magistrate, Ranikhet. Being aggrieved with the judgment and orders dated 13.8.1999 and 22.9.2007, the applicant has preferred the present petition u/s 482 of Cr.P.C. before this Court. 3 4. Sri B.D. Upadhayay, learned counsel for the applicant submitted that he has no objection with regard to the amount of Rs.500/- as maintenance allowance which was directed to be paid by the applicant to Respondent No.2. He has only confined his prayer to the extent that the amount of maintenance as has been directed to be paid from the date of application may be directed to be paid from the date of judgment and order i.e. 13.8.1999 passed by Judicial Magistrate, Ranikhet by which the maintenance was awarded to respondent No.2. 5. A perusal of the judgment and order dated 13.8.1999 passed by Judicial Magistrate, Ranikhet shows that the learned Judicial Magistrate has directed the amount of maintenance to be paid by the applicant to respondent no.2 from the date of application without any rhyme or reason. Learned Judicial Magistrate has not disclosed any reason in his judgment on the basis of which he directed the maintenance allowance to be paid to the respondent no.2 from the date of application. 6. For the reasons recorded above, the application u/s 482 Cr.P.C. is partly allowed. The judgment and order dated 13.8.1999 passed by Judicial Magistrate, Ranikhet is modified to the extent that the amount of maintenance allowance i.e. Rs.500/- shall be paid by the applicant from the date of judgment and order i.e. 13.8.1999 instead of date of application. The judgment and order dated 22.9.2007 passed by Sessions Judge, Almora also stands modified accordingly. Interim order dated 22.11.2007 passed by this Court stands vacated. (Dharam Veer, J.) 30.07.2010 RG