MAHENDER Vs. ASHA ALIAS LAXMI

JUDGEMENT

(1.) The present petition is filed by the Petitioner under Sections 397/401 read with Section 482 of the Cr.PC praying inter alia for setting aside order dated 4.2.2011 passed by the learned Additional Principal Judge, Family Courts, Rohini and for quashing of the petition under Section 125 Code of Criminal Procedure for maintenance as also the application for interim maintenance preferred by the Respondents herein, who are the wife of the Petitioner and their three minor children.

(2.) By the order dated 4.2.2011, the learned Addl. Principal Judge, Family Courts had granted interim maintenance of Rs. 3000/- per month to the Respondents from the date of the application and had directed the Petitioner to clear the arrears of maintenance within a period of 6 months and to pay the monthly maintenance amount regularly by 10th of each month.

(3.) Counsel for the Petitioner states in the first place that the petition under Section 125 Code of Criminal Procedure preferred by the Respondents is not maintainable and should be dismissed, as there exists no valid marriage between the Petitioner and Respondent No. 1. He submits that the Petitioner is a man of 65 years whereas Respondent No. 1 is 30 years of age, and it seems improbable that a marriage would have taken place between them. He further states that Respondent No. 1 was a maid servant in the house of the Petitioner and that she was a widow who had three children from her previous marriage, who are Respondents No. 2 to 4 herein. He further argues that payment of interim maintenance of Rs. 3000/- per month is highly onerous as the Petitioner is a poor man, with insufficient resources. In the light of these submissions, counsel for the Petitioner prays that the aforesaid order dated 4.2.2011 should be set aside, as it is wholly erroneous and contrary to law.