HARJINDER SINGH Vs. VEERPAL KAUR

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of Code of Criminal Procedure for setting aside order dated 23.01.2013, Annexure P3, passed by learned Judicial Magistrate First Class, Faridkot as well as order dated 15.03.2013, Annexure P5, passed by learned Sessions Judge, Faridkot in revision, vide which petitioner was ordered to pay Rs.4,000/- per month as maintenance to respondent no.1 -wife and Rs.2,500/- per month each to minor children i.e. respondents no2 and 3 from the date of application. 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 no.1 is wife of petitioner and respondents no.2 and 3 are minor children of petitioner. There is also no dispute that due to the differences arose between the parties, the respondents are living separate from petitioner. Respondents are having no source of income whereas, petitioner is an agriculturist. He is in joint cultivation of the joint family land alongwith his father and brother and is residing with them. Both the children are school going. It has been contended by learned counsel for the petitioner that even as per finding recorded by learned Magistrate, income of petitioner is Rs.1,00,000/- to Rs.1,50,000/- per annum and hence, maintenance granted by learned trial court and as affirmed by revisional court, is on higher side.

(3.) TAKING into consideration the social status of the parties, profession and income of the petitioner and the fact that both the children are school going, I am of the view that no illegality or material irregularity has been committed by learned courts below in passing the impugned orders, warranting interference by this Court in its jurisdiction under Section 482 Cr.P.C.