LAWS(P&H)-2015-7-176

SATISH KUMAR Vs. KAMALJIT KAUR AND ORS.

Decided On July 08, 2015
SATISH KUMAR Appellant
V/S
Kamaljit Kaur And Ors. Respondents

JUDGEMENT

(1.) Instant petition has been filed under Section 482 of the code of Criminal Procedure (in short, 'the Code') assailing the order dated 05.09.2014 passed by the Judicial Magistrate Ist Class, Jalandhar whereby respondent No.1-wife and respondent No.2-minor son were awarded interim maintenance of Rs. 5,000/- and Rs. 3,000/- per month, respectively, from the date of filing of application along with litigation expenses of Rs. 10,000/- and the order dated 21.01.2015 passed by the Additional Sessions Judge, Jalandhar whereby revision filed by the petitioner against the order dated 05.09.2014 has been dismissed.

(2.) Brief facts relevant for disposal of the present petition are to the effect that marriage between petitioner-husband and respondent No.1-wife was solemnized on 12.06.2006 at H.No.231/14, Labour Colony, Urban Estate, Phase-I, Jalandhar and a son-respondent No.2 was born from the said wedlock on 03.09.2007. The relations between the parties were not cordial as a result of which the respondents herein i.e. wife and minor son filed petition under Section 125 of the Code claiming maintenance from the petitioner-husband with the averments that the petitioner-husband has neglected to maintain them and treated respondent No.1-wife with cruelty and she was turned out of the matrimonial home by the petitioner-husband on 01.08.2007. Along with the petition under Section 125 of the Code, the respondents herein filed an application seeking interim maintenance from the petitioner-husband. Vide impugned order dated 05.09.2014, the Judicial Magistrate Ist Class, Jalandhar disposed of the said application awarding Rs. 5,000/- per month to respondent No.1-wife and Rs. 3,000/- per month to respondent No.2- minor son from the date of filing of application alongwith litigation expenses of Rs. 10,000/-. Feeling aggrieved, the petitioner-husband filed revision which was dismissed by learned Additional Sessions Judge, Jalandhar, vide impugned order dated 21.01.2015. Hence, this petition.

(3.) I have heard learned counsel for the petitioner and perused the record.