KHANU LALCHANDANI Vs. MEENU LALCHANDANI

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure (for short Code) against the order/judgment passed by Mr. B.S. Chaudhry, Additional Sessions Judge, Delhi in Criminal Revision No.50 of 1994 on 7.2.1995. The prayer in this petition is that the aforesaid judgment/order which has confirmed the order dated 12.7.1994 passed by the Metropolitan Magistrate be set aside.

(2.) The petitioner is the husband and the respondent is the wife. It is interesting to note that this petition has been filed by the husband when the learned magistrate did not grant any interim maintenance to the wife and her revision against the order of the magistrate has been dismissed by the learned Additional Sessions Judge under the impugned order and resultantly the respondent (wife) has not received any relief either from the magistrate or from the Additional Sessions Judge (the revisional court in this matter). Still the petitioner wants setting aside of the order dated 7.2.1995 passed by the Additional Sessions Judge in Criminal Revision Petition No.50 of 1994.

(3.) The facts of this case appear to be that the respondent along with her children, namely, Ms. Jyoti, Ms. Mukta, Shivdeep and Ms. Sharmila filed a petition before the concerned Metropolitan Magistrate for maintenance under Section 125 of the Code. The learned magistrate by her order dated 12.7.1994 refused to grant interim maintenance to the wife, Ms. Jyoti and Ms. Sharmila but granted maintenance to Ms. Mukta and Shivdeep at a rate of Rs.500.00 per month each from the date of filing of the petition i.e. 5.3.1991.