JETENDER KUMAR @ RAJAN Vs. KAMLESH @ GANGA & ORS.

JUDGEMENT

(1.) Instant revision petition is preferred by the petitioner-Jetender Kumar under Section 397 Cr.P.C., 1973 read with Section 482 Cr.P.C., 1973 to set-aside/reduce the interim maintenance amount directed to be paid to the respondent Nos. 2 and 3, i.e. Kamlesh and Master Himinish, vide impugned order dated 09.03.2015 passed by the learned Principal Judge, Family Courts, North-East District, Vishwas Nagar, Delhi in MT No. 24/14 titled as Kamlesh and Anr. v. Jitender.

(2.) The brief facts stated in the petition for interim maintenance under Section 125 Cr.P.C., 1973 filed before the Court of Chief Metropolitan Magistrate, Karkardooma Courts, Delhi by the present respondents are that the marriage between the petitioner-Jetender Kumar and the respondent No. 1-Smt. Kamlesh was solemnized on 08.12.2003 at New Delhi according to Hindu Rites and Customs. Out of their wedlock the respondent Nos. 2 and 3, i.e. Master Himinish and Baby Vaibhavi, were born on 02.06.2006 and 04.03.2009, respectively who are in custody of the respondent No. 1. It is alleged that the respondent No. 1-Smt. Kamlesh., was forced to leave the matrimonial home on 26.05.2012. Thereupon, a written complaint was made against the petitioner and his family member by the respondent No. 1 at Police Station Gokul Puri, Delhi and she was thereafter, given treatment at GTB Hospital vide MLC No. B-2325/12. Further it is alleged that the petitioner just to save himself and his family members filed a petition under section 9 of Hindu Marriage Act, against the respondent No. 1. Consequently, a settlement arrived between the parties on 13.08.2012 in Mediation Centre, Karkardooma Courts, Delhi and respondent No. 1 came back to her matrimonial home. It is also the allegation of the respondent No. 1 that on 09.04.2013 the petitioner came late in night and started abusing the respondent No. 1 and had beaten the respondents (including the children respondent Nos. 2 and 3) and kick them out of the matrimonial home and since 09.04.2013, the respondents are residing in the parental home of the respondent No. 1. It has been further alleged that the petitioner as well as his family never looked after the respondents and even at the time of the delivery of both the respondent Nos. 2 and 3 all the expenses incurred were borne by the mother and brother of the respondent No. 1 as the petitioner flatly refused to bear the expenses of delivery. It was further pointed out that the respondents are residing with at the maternal home and all the expenses for the upbringing and education of the respondent Nos. 2 and 3 are being borne by their maternal grandparents. The petitioner is stated to be a man of means and till date he has not contributed even a single penny for the respondents upkeep therefore, the present respondents filed the interim maintenance petition against the present petitioner.

(3.) Consequently, after hearing the counsels for the parties and after perusal of the documents placed on record the learned Principal Judge, Family Courts, North-East District, Vishwas Nagar, Delhi vide impugned order dated 09.03.2015 in MT No. 24/14 directed the petitioner to pay an interim maintenance of Rs. 3,000/- per month each to his children, i.e. respondent no. 2 and 3 from the date of filing of application, i.e. 15.10.2013, and every month thereafter regularly till the disposal of main petition. Hence the present revision petition.