ANEESH KUMAR DALAL Vs. PREETI AND OTHERS

JUDGEMENT

(1.) This miscellaneous criminal case filed under section 482 of the Code of Criminal Procedure is directed against the order dated 25-07-2014 passed by the Court of I Additional Sessions Judge, Burhanpur in Criminal Revision No.30/2014, whereby the order dated 17-01-2014 passed by the Court of Judicial Magistrate First Class, Burhanpur in Miscellaneous Judicial Case (Criminal) No. 88/2012 awarding maintenance at the rate of Rs.1500/- per month to respondent wife Preeti, Rs.2000/- per month to respondent son Shubham and Rs.1500/- per month to respondent daughter Riya by way of maintenance under section 125 of the Code of Criminal Procedure, was affirmed.

(2.) The Courts below held that respondent No.1 Preeti was legally wedded wife of the petitioner husband and respondents Shubham and Riya are his children. Respondent wife Preeti is unable to maintain herself and her children and in spite of having sufficient means, the petitioner husband is refusing or neglecting to maintain them.

(3.) The impugned order has been challenged before this Court invoking inherent powers of the High Court submitting that the respondent wife is living separately from the petitioner husband along with her children of her own free will and accord and is capable of maintaining herself; therefore, she is not entitled to claim maintenance. It has further been contended that the petitioner husband only earns Rs.1800/- per month by working in a private society; therefore, it is beyond his means to pay Rs.5000/- to the respondents by way of maintenance.