VIMLA RANI Vs. MAHENDER SINGH

JUDGEMENT

(1.) The order of the learned Additional Sessions Judge, Delhi (ASJ) passed in Criminal Revision No.67/2007 whereby interim maintenance granted by the learned trial court to Petitioner No.1 and Petitioner Nos. 2 and 3 was reduced from Rs.3,000/- per month to Rs.2,500/- per month to Petitioner No.1 and from Rs.2,000/- to Rs.1500/- per month each to the Petitioner Nos. 2 and 3 respectively is under challenge in the present petition.

(2.) Petitioner No.1 Vimla Rani was married to respondent Mahender Singh on 02.05.1982 according to Hindu rites and customs at Delhi. Out of the wedlock of the parties, Petitioner Nos. 2 and 3 were born. It is alleged that Petitioner No.1 was subjected to physical and mental cruelties and in the year 1989 the respondent developed illicit relationship with a lady Smt. Shanti Devi @ Baby and since thereafter he voluntarily withdrew from the company of Petitioner No.1 and started living with the said lady. He refused and neglected to maintain the Petitioners who were fully dependent upon him. Petitioners filed a petition under Section 125 of the Criminal Procedure Code (Cr.P.C.) on 08.08.2005 claiming maintenance against the respondent.

(3.) The learned trial court vide its order dated 8.08.2005 granted interim maintenance to Petitioner No.1, wife of the respondent, at the rate of Rs.3,000/- per month and to Petitioner Nos.2 and 3 at the rate of Rs.2,000/- per month each from the date of filing of the petition till Petitioner No.2 attained the age of majority and thereafter maintenance @ Rs.4,000/- per month to Petitioner No.1 and the maintenance awarded to Petitioner No.3 was till the disposal of the case or till she was legally entitled to claim the same. Aggrieved by the said order of the trial court, respondent filed a Criminal Revision No.67/2007. The learned ASJ vide its order dated 28.08.2007 modified the order of the learned trial court dated 8.08.2005 and reduced the interim maintenance awarded to Petitioner No.1 from Rs.3,000/- to Rs.2,500/- per month and maintenance awarded to Petitioner Nos. 2 and 3 from Rs.2,000/- to Rs.1500/- per month each. Aggrieved by the said order of the Revisional Court, the Petitioners have filed the present petition.