PRAKASH CHAND Vs. REKHA RANI

JUDGEMENT

(1.) Impugned in this petition is the order of the Trial Court dated 16th March, 2009, whereby on an application filed by the respondent, the Trial Court awarded Rs. 1,700/- as interim maintenance to the respondent from the date of the application adjustable in maintenance, if any, awarded in proceedings under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') or any other proceedings.

(2.) Parties to the petition were married on 9th December, 1986, at Delhi. Out of the wedlock of the parties, one male child, namely, Gaurav was born on 24th January, 1988, who is in the custody of the petitioner since 17th July, 1989, when parties started living separately. This resulted into criminal as well as civil litigation inter se the parties including the divorce petition filed by the petitioner. Before petitioner's filing petition seeking divorce under Section 13 of the Hindu Marriage Act (hereinafter referred to as the 'Act'), respondent had filed a petition under Section 9 of the Act for restitution of conjugal rights on 26th November, 1998, i.e. after about nine years of separation. However, the said petition was contested by the petitioner and it was dismissed by the Trial Court vide its impugned judgment and decree dated 17th August, 2005.

(3.) It seems that earlier also respondent had filed a petition under Section 125 Cr.P.C., but she withdrew the same on 30th August, 1991. She filed another petition under Section 125 Cr.P.C. and her application for interim maintenance was dismissed on 13th August, 1999. The revision petition against the said order was also dismissed on 18th August, 2001. Respondent lost her petition under Section 125 Cr.P.C. on 25th July, 2005. She also lost her revision petition. Proceedings under Sections 498-A/406/34 IPC are also pending against the petitioner and his family members.