S L SEHGAL Vs. STATE OF DELHI

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is directed against the order dated 23.8.95 passed by the learned Metropolitan Magistrate, Delhi. The learned Metropolitan Magistrate directed the petitioner to pay maintenance to respondent No. 2 at the rate of Rs. 250.00 per month from 11.10.1987. The order has not been complied till date. The petitioner by filing multiple proceedings has circumvented the said order. The relevant portion of the order of the learned Metropolitan Magistrate reads as under :

(2.) The learned Metropolitan Magistrate was satisfied that the petitioner is married to respondent No. 2 and after consideration of entire facts and circumstances directed the petitioner to pay maintenance of Rs. 250- per month to respondent No. 2 , which is absolutely imparative for her survival.

(3.) Aggrieved by the order of the learned Metropolitan Magistrate, the petitioner filed a revision petition before the learned Addl. Sessions Judge. The learned Addl. Sessions Judge by a detailed order dated 21.12.95 dismissed the revision petition and affirmed the order of the learned Metropolitan Magistrate regarding maintenance. The petitioner aggrieved by the order of the learned Addl. Sessions Judge filed a Cri. W.P. 477/96 before the Division Bench of this Court. The order of the Division Bench reads as under :-