Ashwani Kumar vs Parwati - 2023 Supreme(HP) 9

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 9

AJAY MOHAN GOEL
Ashwani Kumar – Appellant
Versus
Parwati – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Anirudh Sharma, Advocate.
For the Respondents:Mr. Karan Singh Kanwar, Advocate.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition, filed under Section 482 of the Criminal Procedure Code, the petitioner has prayed for the following relief:

“It is, therefore, respectfully prayed that the petition may kindly be allowed and order dated 09.08.2019 passed in a Criminal Revision No.27S/10 of 2018, titled as Ashwani Kumar Versus Parwati and another passed by the ld. Additional Sessions JudgeI Solan, District Solan (HP), whereby the order passed by the ld. Judicial Magistrate First Class Court No.1, Solan, District Solan, H.P. in Cr.MA No.128/4 of 2018 dated 12-10-2018 has been affirmed may kindly be set aside and petition filed by the present respondents may kindly order to be dismissed.”

2. Brief facts necessary for the adjudication of the present petition are that a petition was filed under Section 125 of the Criminal Procedure Code (hereinafter to be referred as ‘Cr.P.C.’) by the respondents herein against the present petitioner, seeking maintenance on the ground that the applicants were the wife and daughter of the respondent therein and as they were not being looked after by the husband, therefore, they were legally entitled for maintenance from the husband.

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