Himachal Pradesh High Court
Girdhari Lal Son Of Shri Sher Singh vs Shashi Kumari Wife Of Shri Girdhari Lal ... on 5 December, 2016
Author: P.S. Rana
Bench: P.S. Rana
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
Cr.MMO No. 255 of 2014
Order Reserved on 18th November 2016
Date of Order 5th December 2016
________________________________________________________
Girdhari Lal son of Shri Sher Singh
....Petitioner
of
Versus
Shashi Kumari wife of Shri Girdhari Lal ....Non-petitioner
________________________________________________________
Coram rt
The Hon'ble Mr. Justice P.S. Rana, J.
Whether approved for reporting?1 Yes.
______________________________________________________________ For Petitioner: Mr. H.S. Chandel, Advocate.
For Non-petitioner: Ms. Leena Advocate _____________________________________________________________ P.S. Rana, Judge Order Present petition is filed under Section 482 Cr.P.C.
against order dated 2.6.2014 passed by learned Sessions Judge Mandi District Mandi H.P. whereby learned Sessions Judge Mandi accepted revision petition filed under Section 397 of Code of Criminal Procedure 1973 by Smt. Shashi Kumari and enhanced maintenance allowance to the tune of Rs.2000/-
(Rupees two thousand) per month from the date of order.
1Whether Reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 21:40:45 :::HCHP 2Brief facts of the case
2. Smt. Shashi Kumari filed petition under Section .
127 of Code of Criminal Procedure 1973 for enhancement of maintenance allowance. It is pleaded that Smt. Shashi Kumari is legally wedded wife of Girdhari Lal and their marriage was solemnised about 22 years ago according to Hindu rites and customs. It is pleaded that after solemnisation of marriage of Girdhari Lal maltreated Smt. Shashi Kumari and also ousted Smt. Shashi Kumar from her matrimonial house. It is pleaded rt that maintenance allowance to the tune of Rs.500/- (Rupees five hundred) was granted to Smt. Shashi Kumari on dated 19.6.2007. It is pleaded that Girdhari Lal has constructed six shops and is earning Rs.10000/- (Rupees ten thousand) as rent from shops. It is pleaded that respondent is also employed in HPSEB and is earning Rs.5000/- (Rupees five thousand) per month. It is pleaded that total income of Girdhari Lal is Rs.32000/- (Rupees thirty two thousand) per month from all sources. It is pleaded that due to increase in price index it is not possible to Smt. Shashi Kumari to maintain herself. It is pleaded that daughter of Smt. Shashi Kumari is college going student. It is also pleaded that Smt. Shashi Kumari is at the verge of starvation. It is pleaded that Smt. Shashi Kumari is serving as Angan Wari worker and is earning Rs.1800/- (Rupees one thousand eight hundred) per month.
::: Downloaded on - 15/04/2017 21:40:45 :::HCHP 3Prayer for enhancement of maintenance allowance from Rs.500/- (Rupees five hundred) to Rs.5000/- (Rupees five .
thousand) per month sought.
3. Per contra response filed on behalf of Girdhari Lal pleaded therein that Girdhari Lal is daily waged employee and is earning Rs.110/- (Rupees one hundred ten) per day. It is pleaded that Smt. Shashi Kumari is working as Angan Wari of worker and is earning Rs.3000/- (Rupees three thousand) per month. Prayer for dismissal of petition sought.
4. rt Court heard learned Advocate appearing on behalf of petitioner and learned Advocate appearing on behalf of non-petitioner and also perused the entire record carefully.
5. Following points arises for determination in this petition:-
1. Whether petition filed under Section 482 Cr.P.C. is liable to be accepted as per grounds mentioned in petition?
2. Final Order.
Findings upon Point No.1 with reasons
6. PW1 Smt. Shashi Kumari has stated that Girdhari Lal is her husband. She has stated that her husband had beaten her. She has stated that her husband has turned her out from her matrimonial house. She has stated that she is residing in rented house and is paying Rs.1500/-(Rupees one ::: Downloaded on - 15/04/2017 21:40:45 :::HCHP 4 thousand five hundred) per month as rent. She has stated that her husband is employed in Electricity board and further .
stated that her husband owned six shops at Bassi and is earning Rs.10000/- (Rupees ten thousand) per month as rent.
She has stated that Girdhari Lal has also rented rooms and further stated that income of her husband is Rs.35000/-
(Rupees thirty five thousand) per month from all sources. She of has stated that Girdhari is also owner of five bighas of agricutural land. She has also stated that Girdhari also used to rt sell cow milk. She has stated that her daughter is residing with her. She has stated that Rs.500/- (Rupees five hundred) was granted to her as maintenance allowance on 9.6.2007. She has stated that due to increase in price index of necessary commodities she could not maintain herself. She has stated that she is employed as Angan Wari worker and is earning Rs.1500/- (Rupees one thousand five hundred) per month. She has admitted that her son Pankaj is residing with Girdhari Lal.
She has stated that Pankaj is student of B.Tech. She has denied suggestion that Girdhari Lal is drawing Rs.3500/-
(Rupees three thousand five hundred only) per month as salary. She has denied suggestion that she has filed present petition just to harass her husband.
7. RW1 Girdhari Lal has stated that Smt. Shashi Kumari is his wife. He has stated that he is regularly paying ::: Downloaded on - 15/04/2017 21:40:45 :::HCHP 5 the maintenance allowance granted to his wife. He has stated that he is employed in Electricity board on daily wages and is .
earning Rs.3600/- (Rupees thirty three hundred) per month.
He has stated that his wife is employed in Angan Wari and is earning Rs.3300/- (Rupees thirty three hundred) per month.
He has stated that his son is student of engineering and his expediture is Rs.48000/- (Rupees forty eight thousand) per of semester. He has stated that he has no other source of income. He has admitted that his daughter is residing with his rt wife. He has denied suggestion that his income is Rs.36000/-
(Rupees thirty six thousand) per month.
8. Submission of learned Advocate appearing on behalf of petitioner that as per Annexure P-3 placed on record Smt. Shashi Kumari is posted as Angan Wari worker and is drawing honorarium to the tune of Rs.3513/- (Rupees three thousand five hundred thirteen) per month as Angan Wari worker and on this ground petition be allowed is rejected being devoid of any force for reasons hereinafter mentioned.
Court is of the opinion that in view of price index as of today and in view of the fact that one daughter is residing with Smt. Shashi Kumari it is not expedient in the ends of justice to interfere in order of learned Sessions Judge Mandi.
9. Submission of learned Advocate appearing on behalf of petitioner that age of mother of Girdhari Lal is about ::: Downloaded on - 15/04/2017 21:40:45 :::HCHP 6 81 years and she is suffering from various ailments and requires continuous medical treatment and on this ground .
petition be allowed is rejected being devoid of any force for the reasons hereinafter mentioned. It is held that Smt. Shashi Kumari is legally wedded wife of Girdhari Lal and Girdhari Lal is under legal obligation to provide reasonable maintenance allowance to her legally wedded wife. It is well settled law that of wife has legal right to live in society with honour and dignity.
10. Submission of learned Advocate appearing on rt behalf of petitioner that petitioner is posted as helper in HPSEB and his salary is Rs.10707/- (Rupees ten thousand seven hundred seven) per month and petitioner has also domestic and social obligations and on this ground petition be allowed is rejected being devoid of any force for the reasons hereinafter mentioned. Petitioner has himself admitted his income to the tune of Rs.10707/- (Rupees ten thousand seven hundred seven) per month in Cr.MMO No. 255 of 2014 in para 7 (c) of petition. It is well settled law that facts admitted need not be proved as per Section 58 of Indian Evidence Act 1872.
It is well settled law that wife is entitled for reasonable maintenance allowance to the extent of 1/3rd income of husband. Hence it is held that order of learned Sessions Judge is not illegal and it is held that no interference is warranted.
::: Downloaded on - 15/04/2017 21:40:45 :::HCHP 711. It is well settled law that maintenance allowance can be enhanced under Section 127 Cr.P.C. as per changed .
circumstances. It is well settled law that rise in prices is changed circumstance as defined under Section 127 Cr.P.C. It is well settled law that object to grant maintenance allowance to married woman is to prevent vagrancy and destitution. See AIR 1999 SC 3348 Dwarika Prasad Satpathy vs. Bidyut Prava Dixit of and another. It is well settled law that Court can take judicial notice of inflation and rising cost of commodities for rt enhancing maintenance allowance. See 1998 Cr.L.J. 1312 Dhan Raj vs. Kishni and another. In view of admission of petitioner in petition that monthly income of petitioner is Rs.10707/-
(Rupees ten thousand seven hundred seven) per month it is held that maintenance allowance granted to Smt. Shashi Kumari is not excessive in nature. It is held that maintenance allowance granted by learned Sessions Judge Mandi to Smt. Shashi Kumari is reasonable maintenance allowance. It is held that order of learned Sesisons Judge Mandi H.P. is in accordance with law and based upon positive, cogent reasons.
In view of above stated facts and case law cited supra point No. 1 is answered in negative.
Point No. 2 (Final Order)
12. In view of findings upon point No. 1 above petition is dismissed. File of learned Sessions Judge Mandi and file of ::: Downloaded on - 15/04/2017 21:40:45 :::HCHP 8 learned Judicial Magistrate Joginder Nagar District Mandi H.P. along with certify copy of order be sent back forthwith.
.
Cr.MMO No. 255 of 2014 is disposed of. Pending miscellaneous application(s) if any also stands disposed of.
December 05,2016 (P.S. Rana)
ms. Judge
of
rt
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