LAWS(P&H)-2014-5-16

KAPIL GULATI Vs. ATAMJIT KAUR BAJWA

Decided On May 06, 2014
Kapil Gulati Appellant
V/S
Atamjit Kaur Bajwa Respondents

JUDGEMENT

(1.) BY this common order, two petitions bearing CRM -M -36611 -2012 and CRM -M -4119 -2013 are being disposed of. The facts are being extracted from CRM -M -36611 -2012 but it would also be relevant to refer certain documents filed by the respondents who are the petitioners in CRM -M -4119 -2013.

(2.) MARRIAGE of petitioner -Kapil Gulati with respondent No. 1 -Atamjit Kaur Bajwa was solemnized on 4.12.2007 and it is stated that they parted company on 23.11.2009 while respondent No. 1 was pregnant and gave birth to a child on 9.12.2009. An application was filed before the learned Magistrate, for award of maintenance under Section 125 Cr.P.C. During pendency of the application, prayer was made for award of interim maintenance and the learned Magistrate, rejected the prayer of respondent No. 1 and allowed interim maintenance allowance to respondent No. 2 -Master Himmat the minor son @ Rs. 3000/ - per month with effect from the date of filing of the application.

(3.) THE instant petition (CRM -M -36611 -2012) has been filed seeking to quash the order passed in revision whereas the respondents who are petitioners in CRM -M -4119 -2013 have prayed for enhancement of the amount of maintenance from Rs. 10,000/ - to Rs. 25,000/ - per month.