LAWS(P&H)-2010-7-110

SAMAIPAL Vs. PINKI

Decided On July 02, 2010
Samaipal Appellant
V/S
PINKI Respondents

JUDGEMENT

(1.) CRL . M. No. 32837 of 2010 Application is allowed as prayed for. Crl. M. No. 18573-M of 2010 Prayer in this petition under Section 482 Cr.P.C is for quashing order dated 9.9.2009 (P.1) passed by the learned District Judge, Family Court, Faridabad whereby the respondent-wife has been granted interim maintenance allowance at the rate of Rs. 1000/- per month on an application under Section 125 Cr.P.C.

(2.) IT is not disputed that the marriage between the parties took place on 16.3.2002 and w.e.f 27.7.2008, respondent-wife is residing with her parents. Admittedly, two sons borne out of wedlock are residing with the petitioner- husband. Learned Family Court in exercise of the jurisdiction has granted interim maintenance at the rate of Rs. 1000/- per month keeping in view the fact that it is the moral obligation and legal duty of the husband to maintain his wife, who is financially dependent on him. I find no ground, which warrants interference by this Court. Dismissed.