POOJA Vs. VARUN KAPOOR

JUDGEMENT

(1.) THIS order shall dispose of aforesaid petitions, which are the offshoot of order dated 17.09.2013 (Annexure P4), passed by the Additional Sessions Judge, Bathinda and order dated 09.05.2013 (Annexure P2), passed by the Judicial Magistrate Ist Class, Bathinda, whereby the issue in regard to grant of interim maintenance pending decision of the application under Section 125 of the Code of Criminal Procedure (in short, 'the Code') has been settled.

(2.) THE facts, relevant for disposal of the present petition, are that Pooja was married to Varun Kapoor on 16.01.2005 and a son was born out of the wedlock on 18.10.2006. Pooja is staying away from the matrimonial home and minor son of the parties is staying with the father. Pooja filed application under Section 125 of the Code for grant of maintenance @ Rs.10,000/ - per month as well as litigation expenses. Her prayer for grant of interim maintenance was allowed by the Judicial Magistrate Ist Class, Bathinda and Varun Kapoor, the husband was directed to pay Rs.6,000/ - per month as an interim maintenance and Rs.3,000/ - towards litigation expenses.

(3.) POOJA and Varun Kapoor filed separate revision petitions against order dated 09.05.2013, passed by the Judicial Magistrate Ist Class, Bathinda, which came to be decided by the revisional Court on 17.09.2013. The revision petition preferred by Pooja for awarding interim maintenance at enhanced rate was dismissed and the petition preferred by Varun Kapoor was partly allowed and interim maintenance assessed by the trial Court was reduced to Rs.5,000/ - per month. Feeling aggrieved by the order passed by the revisional Court, two separate petitions have been preferred by Pooja and Varun Kapoor.