RAMESH Vs. SMT. MUKESH

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of impugned order dated 17.11.2012 passed by learned Judicial Magistrate First Class, Hisar and order dated 08.04.2013 passed by learned Additional Sessions Judge, Hisar in revision vide which petitioner was directed to pay an amount of Rs. 4,000/ - per month to respondent -wife for her maintenance as well as for minor child and Rs. 1,000/ - per month as rent for her separate residence. I have heard learned counsel for the petitioner and have gone through the whole record including the impugned orders passed by both the courts below.

(2.) ADMITTED facts are that, respondent is legally wedded wife of petitioner and is residing separately from petitioner. She is also having one minor child to look after. She is having no source of income to maintain herself and minor child. It has come on the record that the present petitioner is having sufficient income. As per Jamabandi for the year 2006 -2007, he owned agricultural land however, he got the same transferred vide release Deed dated 11.08.2008 in favour of his mother just to avoid payment of maintenance to respondent. Learned Magistrate had directed the petitioner to pay a sum of Rs. 4,000/ - per month as maintenance besides Rs. 1,000/ - as rent for separate residential house. The order was upheld by learned Additional Sessions Judge, in revision filed by the present petitioner.

(3.) HOWEVER , taking into consideration the aforementioned facts and circumstances of the case, I am of the view that amount of maintenance as awarded by learned courts below cannot be said to be on higher side.