PAWAN BERRY Vs. POONAM & ANR

JUDGEMENT

(1.) The crux of the facts, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that, Smt. Poonam (wife-respondent No. 1) and her minor son Bhaavyansh moved an application (Annexure P1) for the grant of maintenance, invoking the provisions of Section 125 Cr. PC against her husband Pawan Berry son of Prem Nath (petitioner). Sequelly, they have also claimed the interim maintenance. Keeping in view the assertion of the wife that her husband is Manager in Reliance Company and is earning Rs. 80,000/- per month and the needs of her maintenance as well as maintenance and education of her minor son, the District Judge, Family Court granted the ad interim maintenance of Rs. 5000/- to the wife and Rs. 3000/- per month to her minor son, by means of order dated 1.2.2010 (Annexure P2).

(2.) The petitioner did not make the payment of indicated interim maintenance to his wife and minor son. He moved an application (Annexure P3) for grant of stay of payment of interim maintenance. The wife and minor son refuted the prayer of stay and filed the reply (Annexure P5). The District Judge, Family Court dismissed the application for stay, by way of impugned order dated 14.5.2012.

(3.) The petitioner-husband did not feel satisfied with the impugned order and preferred the present revision petition, invoking the provisions of section 401 Cr. PC.