ARUN KUMAR Vs. MEENU KUMAR

JUDGEMENT

(1.) THIS petition seeks interference with the order of the Additional Chief Metropolitan magistrate (hereafter referred to as "the trial Court") dated 9th June, 2005. The trial court was dealing with an application under section 125 Cr. P. C. filed by the respondent/ wife. The trial Court proceeded to grant interim maintenance of Rs. 5,000/- per month w. e. f 01. 06. 05.

(2.) THE marriage between the parties took place on 08. 10. 99. It is a common case of the parties that the complainant/respondent was the second wife of the petitioner who had three major married children from his first marriage. It is also a fact that the complainant too had three children from her earlier marriage. The allegations in the complaint, inter alia, extended to mis-behaviour and acts of cruelty. It was alleged that the petitioner/ husband had vast assets and was in possession of income to the tune of Rs. 78,000/- per month. It was stated that the petitioner had seven immovable properties. The trial Court after considering the materials, directed the petitioner to pay Rs. 5,000/- per month to the complainant.

(3.) THIS order has been impugned for two reasons. One, that the Court has overlooked section 125 (4) which stipulates, inter alia, that if the wife lives in adultery there would be no order for maintenance including interim maintenance. Learned counsel for the petitioner relied upon an affidavit filed by one Mr. Ashok Soni dated 05. 04. 05. In that, the deponent suggested, inter alia, that the complainant/wife stayed with him. The affidavit was filed in support of an application seeking pardon in a criminal complaint filed by the present petitioner against his wife and that deponent. It is submitted that the police filed a final report in those proceedings before the concerned court.