LAWS(P&H)-2006-2-378

SANDEEP CHAUDHARY Vs. STATE OF HARYANA

Decided On February 22, 2006
SANDEEP CHAUDHARY Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) RESPONDENT No.2 filed a petition under section 125 of the Code of Criminal Procedure for maintenance claiming herself to be wife of the petitioner. Her case is that she was harassed for having brought less dowry and was turned out of the matrimonial home. A criminal case was also registered against the petitioner, who was an Advocate earning Rs.7000- 8000/- per month. The petitioner contested the petition and alleged that respondent No.2 was living in adultery before marriage and it was on account of that, that respondent No.2 left the matrimonial home. He also denied that respondent No.2 was unable to maintain herself, as she was running a beauty parlour and earning Rs.30,000/- per month. Learned Magistrate awarded interim maintenance of Rs.500/- per month finding prima facie case in favour of respondent No.2. The revisional court affirmed the said order. In view of concurrent finding recorded by the courts below awarding interim maintenance of Rs.500/- per month, which finding cannot be held to be perverse or arbitrary, no ground is made out for interference. The petition is dismissed.