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2017 Supreme(HP) 1262

SANDEEP SHARMA
Nursey John – Appellant
Versus
Prem John – Respondent


Advocates Appeared:
Suneet Goel, Advocate, for the Petitioner; Vijay Pandit, Advocate, for the Respondent

JUDGMENT

Sandeep Sharma, J. - By way of instant petition filed under section 482 of the Code of Criminal Procedure, 1973 challenge has been laid to judgment dated 12.08.2014, passed by learned Sessions Judge, Shimla in Criminal Revision RBT No.22-S/10 of 2013/11, affirming the order dated 9.12.2010, passed by learned Chief Judicial Magistrate, Shimla, in case No.70/4 of 2008, whereby petitioner was awarded maintenance allowance of Rs. 8000/- per month w.e.f.22.7.2008 i.e. date of institution of the petition filed under section 127 of Cr.P.C., 1973

2. Facts, in brief as emerge from the record are that the marriage of the petitioner was solemnized with the respondent at Chamba on 18.05.1983 as per Christian rights and out of their wedlock, two daughters were born. But since the respondent failed to maintain the petitioner and her daughters, she preferred petition under section 125 of the Code of Criminal Procedure, 1973 seeking therein maintenance from the respondent. The learned trial court granted maintenance of Rs. 400/- per month.

3. Being aggrieved and dissatisfied with the aforesaid order of learned trial court, petitioner preferred an application under section 127 of the Code o

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