CHANDAN SINGH Vs. BIMLA DEVI

JUDGEMENT

(1.) This petition has been filed under Section 401 of the Code of Criminal Procedure (Cr.PC. for short) challenging order dated 8.5.2010 passed by District Judge (Family Court) Faridabad, whereby interim maintenance was allowed on an application filed under Section 125 Cr.P C. by the respondent.

(2.) After hearing learned counsel for the petitioners, I am of the opinion that the present petition deserves to be dismissed.

(3.) Admittedly, petitioner No.l is husband of the respondent and petitioner No.2 is the son of petitioner No.l and the respondent. The respondent filed an application under Section 125 Cr.P.C. seeking maintenance as she has no source of income to maintain herself. The respondent is 63 years old lady. She alleged that she was residing separately from the petitioners and they had failed tc maintain her. A complaint was also lodged by the respondent with the police on 18.08.2008 on the allegations that she had been treated with cruelty by the petitioners. She was got medico legally examined and ultimately a compromise was got effected between the parties with the intervention of panchayat. Vide the impugned order the petitioners have been directed to pay Rs.2,500 each by way of interim maintenance to the respondent. There is nothing on record to suggest that the respondent is capable of maintaining herself.