KAMLA Vs. RATI RAM

JUDGEMENT

(1.) This petition has been filed by the petitioner-wife under Section 482 of the Code of Criminal Procedure, 1973(Cr.P.C.) against the order dated 25 th February, 2010 passed by the learned Additional Sessions Judge whereby the order dated 22 nd October, 2009 passed by the learned Metropolitan Magistrate in complaint case no. 237/2008 for granting interim maintenance @ Rs. 4000 to her from the date of filing application for interim maintenance was modified by altering the date of payment to the date of service of the respondent-husband in the main petition under Section 125 Cr.P.C.

(2.) The brief facts of the case were noticed by the learned Magistrate in her order as under:-

(3.) Accepting the respondent's income to be Rs. 12,000 p.m. the learned Magistrate fixed interim maintenance at Rs. 4000 p.m. to be payable by the respondent-husband from the date of filing of maintenance application. The revisional Court after noticing the fact that the petitioner-wife had given her incorrect address as also of her husband which had at one stage led to the respondent being proceeded against ex parte and subsequently that fact being noticed by the court itself led to the issuance of fresh notice to the respondent ordered payment of interim maintenance from the date of service of fresh notice upon respondent.