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2023 Supreme(UK) 548

RAVINDRA MAITHANI
Seema Devi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Revisionists : Mr. D.C.S. Rawat.
For the Respondents: Ms. Manisha Rana Singh, A.G.A., Mr. Kurban Ali.

JUDGMENT :

(Ravindra Maithani, J.)

The challenge in this revision is made to the impugned order dated 29.07.2022, passed in Misc. Criminal Case No.105 of 2018, Smt. Seema & Others Vs. Yaspal Singh, by the court of Judge, Family Court, Kotdwara, District Pauri Garhwal (“the case”). By it, an application filed by the revisionists under Section 125 of the Code of Criminal Procedure, 1973 (“the Code”) has been rejected on the ground of maintainability.

2. Heard learned counsel for the parties and perused the record.

3. Facts necessary to appreciate the controversy, briefly stated, are as follows: the revisionist no.1 Smt. Seema Devi and the respondent no.2, Yaspal Singh, were married on 07.05.1996. They are blessed with three children. When there was a matrimonial discord, the revisionists filed an application under Section 125 of the Code on 25.03.2010, which was the basis of Maintenance Case No. 30 of 2010, Smt. Seema & Others Vs. Yaspal Singh, in the court of Judge, Family Court, Pauri Garhwal (“the first maintenance case”). The first maintenance case was decided on the basis of a compromise on 11.08.2010, by which the private respondent did agree to pay Rs. 6,000/- per month as mai

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