AJAY GUPTA Vs. STATE OF CHHATTISGARH & ANOTHER

JUDGEMENT

(1.) The petitioner is seeking quashment of the order dated 27.1.2012 passed by the Judicial Magistrate 1st Class, Kabirdham and the revisional order dated 17.5.2012 passed by the Sessions Judge, Kabirdham whereby the petitioner has been directed to pay interim maintenance of Rs.3,000/- per month to respondent No.2 (hereinafter referred to as'the respondent').

(2.) The respondent preferred an application under Section 125 CrPC, inter alia, alleging that the parties were married according to Hindu and Vedic rituals at Arya Samaj Temple, Baijnathpara, Malviya Marg, Raipur on 2.2.2009 and were residing together. After visiting several locations and religious places, they started residing in Sector-6, Bhilai, however, the petitioner left her in the house and did not come back, neither made any arrangement for her maintenance. She came back to the village Pandatarai and went to the house of the petitioner, but his parents and brother refused to accept her and threatened to kill her by stating that they would arrange second marriage for their son. She thereafter lodged an FIR for offence under Sections 341, 342, 363, 366 & 376/34 of the IPC, which resulted in the petitioner's acquittal, inter alia, on the ground that the parties were married couple. It was stated in para-7 & 8 of the application that she is residing with her friend and the petitioner has deserted and neglected to maintain her and that she has no source of income.

(3.) The respondent wife also moved an application for grant of interim maintenance, which was replied by the petitioner. However, the trial Magistrate allowed the application for grant of interim maintenance and directed the petitioner to grant maintenance of Rs.5,000/- per month to the respondent wife. The Sessions Court has modified the order and instead of Rs.5,000/- per month, it has directed the petitioner to pay interim maintenance of Rs.3,000/-per month.