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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY PARIHAR
Sarita Devi – Appellant
Versus
Mohan Singh – Respondent
JUDGMENT :
SANJAY PARIHAR, J.
1. The present judgment shall dispose of two connected petitions. CRM(M) No. 444/2020 has been filed by the petitioner–wife laying challenge to the order dated 03.11.2020 passed by Principal Sessions Judge, Ramban (hereinafter referred to as “the Revisional Court”), whereby the order dated 29.06.2020 passed by the Chief Judicial Magistrate, Ramban “the trial court” in proceedings under Section 488 Cr.P.C was set aside. CRM(M) No. 279/2021 has been preferred by the respondent, calling in question the order directing deduction of Rs.5,35,192/- from his salary at the rate of Rs.20,000/- per month till realization.
2. Briefly stated, the parties were married in the year 1990 and one son was born out of the wedlock, who by now has already attained majority. The petitioner alleged that the respondent contracted a second marriage, whereupon she instituted proceedings under Sections 494/109 RPC along with a petition under Section 488 Cr.P.C. before the Court of Sub-Judge, Ramban. On 28.08.1995, the parties entered into a compromise, in pursuance whereof the wife withdrew the complaint and the maintenance petition upon receipt of Rs.10,000/- as full and final sett
The plea of divorce in a petition under Section 488 Cr.P.C. does not absolve the husband of the responsibility to maintain his wife and minor children. Maintenance awarded under Section 20 of the D.V....
A wife who voluntarily separates from her husband without sufficient cause is not entitled to maintenance under Section 125(4) of the Code of Criminal Procedure.
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