LAWS(P&H)-2015-8-133

DILBAR JEET SINGH SAHOTA Vs. RAJWANT KAUR SAHOTA

Decided On August 17, 2015
Dilbar Jeet Singh Sahota Appellant
V/S
Rajwant Kaur Sahota Respondents

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 21.04.2015 passed by learned Additional Sessions Judge, Jalandhar as well as order dated 07.08.2014 passed by the Judicial Magistrate Ist Class, Jalandhar, whereby, the respondent-wife has been awarded an amount of Rs. 2500/- per month as interim maintenance along with Rs. 5000/- as litigation expenses.

(2.) In the aforesaid complaint, she prayed for grant of interim maintenance under Section 125 Cr.P.C., which was allowed vide order dated 07.08.2014.

(3.) Learned counsel for the petitioner submits that both the Courts below have not taken into consideration the fact that the petitioner is suffering from Bipolar Affective Disorder and he is not in a position to earn anything. By considering income of the petitioner as Rs. 6000/- per month, interim maintenance has been granted to the respondent-wife, which is on the excessive side. Learned counsel also submits that along with interim maintenance, an amount of Rs. 5000/- has also been awarded as litigation expenses.