RAM PARSAD Vs. SMT. BIRBATI AND ANOTHER

JUDGEMENT

(1.) THE present petition filed under Section 482 of the Code of Criminal Procedure (for short, 'the Cr. P.C'), is for quashing of order dated 04.06.2013 (Annexure P -2), passed by the learned Additional Sessions Judge, Palwal, whereby the revision petition filed by the petitioner against the order dated 19.04.2012 (Annexure P -1), passed by the Judicial Magistrate 1st Class, Palwal, was dismissed. The learned counsel for the petitioner, inter alia, contends that the impugned orders dated 19.04.2012, passed by the JMIC, Palwal, and dated 04.06.2013, of Additional Sessions Judge, Palwal, have been passed without taking into consideration that respondent No. 1 is not the legally -wedded wife of the petitioner. He further contends that respondent No. 2 is major and therefore, does not deserve to get any maintenance. He cites Budh Ram Vs. Sawni, : 1972 PLR 79, and Sumar Kumar Vs. Harbans Lal,, 1998 (2) R.C.R. (Cri) 661.

(2.) HEARD .

(3.) THE petitioner has not been able to prove on record that respondent -wife, earns sufficient amount to support herself and the son. The petitioner is under legal, moral and social obligation to maintain the respondents. The learned Courts below, after considering the facts and circumstances of the case, has determined the amount of maintenance, which is not excessive.