MADHU Vs. STATE OF DELHI

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed for setting aside the order dated 7th December 1998 passed in Crl. Rev. 148/96 by an Additional Sessions Judge and to restore the order of Metropolitan Magistrate dated 21st April 1994 by which the respondent No. 2 was directed to pay maintenance at the rate of Rs. 400.00 per month to petitioner No. 1.

(2.) Petitioner No. 1 is the mother of petitioner No. 2 and both of them jointly filed petition under Section 125 Cr.P.C. on 31st May 1989, interalia, alleging that petitioner No. 1 was married to respondent No. 2 on 23rd December 1985. Respondent No. 2 was previously married to Smt. Shashi who died leaving behind two children, namely, Jaya and Avdesh. As a result of co-habitation the petitioner No. 1 became pregnant from respondent No. 2 and she gave birth to a female child on 29th October 1986 at her parents house. It is further alleged that petitioner No. 1 was compelled to leave the matrimonial home on 24th April, 1986 by respondent No. 2. Respondent No. 2 filed a petition under section 9 of Hindu Marriage Act which was got dismissed as withdrawn by him on 2nd April 1987. Thereafter he has filed petition for divorce against petitioner No. 1. Maintenance at the rate of Rs. 500.00 per month each has been claimed by the petitioners.

(3.) On 1st June 1989 petitioners also filed application for grant of interim maintenance at the said rate and by the order dated 21st April 1994 petitioner No. 1 was allowed interim maintenance at the rate of Rs. 400.00 per month while petitioner No. 2 at the rate of Rs. 250.00 per month with effect from 1st June 1989, the date of the filing of the application by a Metropolitan Magistrate. Aggrieved by that order respondent No. 2 filed the said Criminal revision and by the order under challenge an Additional Sessions Judge set aside the part of the said order allowing interim maintenance to petitioner No. 1 at the said rate.