JITIN BHASIN Vs. MAMTA SURI

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to set aside the order dated 02.08.2016, passed in Misc. Case no. 63 of 2016, titled as Jitin Bhasin vs Mamta Suri, by learned Judge, Family Court, Dehradun to the extent it provides the interim maintenance to the respondent.

(2.) Respondent filed an application under Section 125 Cr.P.C. before the Principal Judge, Family Court, Dehradun against the applicant for grant of monthly maintenance allowance. The said proceedings were decided ex parte against the applicant. The court below, vide order dated 10.02.2016, allowed the application under Section 125 Cr.P.C., and directed the opposite party (applicant herein) to pay a sum of Rs. 30,000/- as monthly maintenance allowance to his respondent-wife. The said order was passed on 10.02.2016. Aggrieved against the aforesaid order, the applicant filed an application for setting aside ex parte order, which was allowed, vide impugned order dated 02.08.2016, with the condition that the applicant shall pay 50 per cent (i.e., Rs. 15,000/- by 7th of every month) as monthly maintenance allowance, which was granted to the respondent-wife vide order dated 10.02.2016.

(3.) Learned counsel for the applicant has come to the Court with clean hands. He put forward the following proposals: