VIVEK MALVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Arvind Mishra, learned counsel for the revisionist, Sri K.M. Garg, learned counsel for the opposite party No. 2, learned AGA for the State and perused the record.

(2.) The revision has been filed against the order dated 1.7.2011 passed by Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 2, Bijnor in Case No. 1 of 2011, under Sec. 125 Cr. P.C., 1973 granting Rs. 1500.00 per month as interim maintenance to the opposite party No. 2 from the date of filing of the application under Sec. 125 Cr. P.C., 1973

(3.) Learned counsel for the revisionist submitted that marriage between the revisionist and opposite pate No. 2 has been dissolved by a decree dated 18.2.2011 passed by Judge, Family Court, Haridwar in Matrimonial Petition No. 160 of 2010, Vivek Malva Vs. Reshma @ Sonia; that after dissolution of marriage, the relationship of husband and wife does not exist and the opposite party No. 2 is no more wife of the revisionist and so is not entitled for any maintenance, interim or final; that the divorce decree was passed on the ground that the opposite party No. 2 is living in adultery; that the impugned order of granting maintenance to the opposite party No. 2, is wrong and illegal and is liable to be set aside; that moreover, the monthly salary of revisionist was Rs. 3000.00 per month and so the grant of interim maintenance at the rate of Rs. 1500.00 per month is highly excessive, particularly in view of the fact that a son was born out of the wedlock between the revisionist and opposite party No. 2, who is living with the revisionist.