NITIN VIJ Vs. POOJA

JUDGEMENT

(1.) By way of the instant petition, the petitioner/husband-Nitin Vij is invoking the inherent jurisdiction of this Court under section 482 of the Code of Criminal Procedure, 1973 to set aside the impugned judgment dated 22nd May, 2015 passed by the learned Additional Sessions Judge/Special Judge(NDPS) (West), Tis Hazari Courts, Delhi, in Criminal Revision No. 01 of 2014 whereby the learned ASJ dismissed the revision petition wherein the petitioner challenged the interim maintenance order passed by the learned Metropolitan Magistrate (Mahila Court), West District, THC/Delhi vide order dated 15th May, 2013 under Section 125 Cr.P.C.

(2.) The brief facts stated are that, the marriage between the petitioner/husband and the respondent/wife was solemnized on 18th September, 2010 as per Hindu rites and customs and out of the wedlock a child was born on 24th August, 2011. Thereafter, the respondent was forced to leave the matrimonial home with her minor child and she is completely dependent on her parents. It has been alleged by the respondent that the petitioner had neither taken her back nor made any provision for maintaining her and his minor child.

(3.) Subsequently, on 06th December, 2012, the respondent filed an interim maintenance application under Section 125 Cr.P.C. against the petitioner herein, in the Court of Chief Metropolitan Magistrate, Delhi.