SUDHIR KUMAR REHANI Vs. INDU BALA

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C for quashing of the impugned orders dated 16.10.2008 passed by the learned Additional Sessions Judge, Karnal and order dated 25.08.2006 passed by the learned Chief Judicial Magistrate, Karnal.

(2.) Facts, in short, are that the marriage between the petitioner and respondent No. 1 was solemnized on 11.12.1986and two children were born out of the wedlock on 02.02.1988 and 30.12.1990, respectively. The matrimonial life could not survive for very long and the parties separated by way of decree of divorce dated 15.02.1993. However, respondent wife filed an application as late as on 19.12.2005 for grant of maintenance under Section 125 Cr.P.C. The same is still pending. Along with the main application, respondent wife filed an application for grant of interim maintenance claiming an interim maintenance to the tune of Rs. 25,000/- per month. The trial Court vide order dated 25.08.2006 awarded an interim maintenance to the tune of Rs. 1,500/- per month to respondent wife and Rs. 2000/- to the daughter from the date of filing of the application but the claim qua the son was declined as he had attained the age of majority. However, in revision, the Additional Sessions Judge, Karnal vide order dated 16.10.2008 increased the amount of interim maintenance to the tune of Rs. 6000/- per month to the respondent wife, Rs. 7000/- per month to the daughter and Rs. 7000/- per month were also granted to the son qua whom the maintenance was declined by the trial Court. Aggrieved against the said order, the instant petition has been filed.

(3.) While challenging the aforesaid order, learned counsel for the petitioner raised two fold arguments;-