Murti Devi VS Balkar Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

VINOD CHATTERJI KOUL
Murti Devi – Appellant
Versus
Balkar Singh – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Surjeet Singh Andotra, Advocate
For the Respondents:Ms. Pariksha Parmar, Advocate

ORDER

Petitioners feeling aggrieved of an order dated 07/12/2021 passed by the learned Principal Sessions Judge, Kathua, (Revisional Court) have filed the instant petition under Section 482 of Code of Criminal Procedure, in which they seek setting aside of the said order, whereby the Revisional Court has set aside the order dated 22.08.2017 of the learned trial Magistrate, i.e., the Court of learned District Judicial Mobile Magistrate (T), Kathua, in terms whereof an interim maintenance of Rs.2,000 and Rs.1,000 in favour of petitioner nos.1 and 2 respectively has been granted.

2. Heard learned counsel for both the parties at length and also perused the file.

3. The grounds on which the order impugned passed by the Revisional Court is challenged and sought to be set aside are that; (i) the said order is contrary to the facts of the case and law on the point; (ii) the Court of learned Sessions Judge, Kathua has miserably failed to appreciate the evidence placed on record; (iii) the Revisional Court has not considered the law as settled by the Hon’ble Supreme Court in the case titled Chanmuniya vs. Virendera Kumar Singh Kushwaha (2011 SCC 141), wherein it has been held that, the provi

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