BIPIN BALODI Vs. FAMILY COURT,DEHRADUN AND OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. This is a petition under section 482 of the Cr.PC. against the impugned order dated 30.9.2003 whereby the respond­ent no.;2 (wife) has been granted interim maintenance @ Rs. 1500/- per month during the pendency of the petition un­der section 125 of the Code. It has been pointed out that on that very day i.e. 30.9.2003 the learned Judge Family Court also passed an order of interim maintenance @ Rs. 1000/- per month in a petition under section 24 of the Hindu Marriage Act, 1956 and that cumula­tively the total amount of the interim maintenance is excessive and beyond the capacity of the petitioner (husband) to pay to the respondent no. 2.

(2.) FROM perusal of the petitioner un­der section 125 of the Cr.RC., copy of which is on the record, it is a evident that the respondent no. 2 claimed that her husband is engaged in business. No particulars of the business and the na­ture of the same has been divulged ` in the petition. In other words the claim in this regard is highly vague. The respond­ent no. 2 has been residing separately and considering this there is to be no need to issue notice to -the respondent no. 2 and the petition may be disposed of finally today itself on consideration of the matter on record.

(3.) THE present petition is disposed accordingly. The impugned order dated 30.9.2003 is modified to the extend that the interim maintenance is reduced to Rs. 500/- per month in the to proceed­ings under section 125 of the Cr.PC. ground facts and peculiar features of the case, custodial sentence of 5 years rig­orous imprisonment would meet the ends of justice.