RAKHI Vs. PANKAJ KUMAR

JUDGEMENT

(1.) Criminal Revision Petition 166/2005 is directed against the order dated 04.02.2005 of the Additional Sessions Judge, Delhi in Criminal Revision 55/2004, whereby the learned Judge has while interfering in an interim order passed by the Metropolitan Magistrate, Karkardooma, under Section 125 Cr.P.C. reduced the interim maintenance directed to be paid to the wife holding that she was not entitled to any maintenance since she was an income tax payee.

(2.) Counsel for the petitioner submits that only an interim amount was fixed by the Metropolitan Magistrate and the order was not a final one. He further submits that the findings of the Additional Sessions Judge are wrong inasmuch as the petitioner being an income tax assessee is capable to maintaining herself. He submits that at the time of marriage in 2001, since there was a demand of car from the in-laws a sum of Rs.3,50,592/- (rupees three lakh fifty thousand five hundred and ninety two) was credited to the account of the petitioner, Ms.Rakhi, which was then passed on by way of a cheque towards the charges of Car and subsequently thereafter there was consistent decline in the credits in her account to the extent that on 07.03.2005 her account stands credited to the amount of Rs.1,322/-(rupees one thousand three hundred and twenty two). He submits that the petitioner is not working but is a housewife, looking after the child of the family.

(3.) Counsel for the respondent, on the other hand, contends that that the respondent is a student of law and is not an earning member of the family and, therefore, has got no income.