MOHINDER KUMAR MUKHI Vs. NEELAM MUKHI AND ANOTHER

JUDGEMENT

(1.) IN this petition under Section 482 Cr.P.C., the Petitioner is aggrieved at the orders dated 15.12.2005 (Annexure P -9) passed by the learned Judicial Magistrate, Ist Class, Chandigarh as well as the order dated 13.1.2007 (Annexure P -11) passed by the learned Additional Sessions Judge, Chandigarh whereby interim maintenance has been granted to the Respondents. It may be noticed here that while the learned Judicial Magistrate had granted interim maintenance at the rate of Rs. 500/ - per month i.e. Rs. 1000/ - per month to both the Respondents, the same has been enhanced to Rs. 1500/ - per month each i.e. Rs. 3000/ - per month to both the Respondents by the learned Additional Sessions Judge, Chandigarh.

(2.) THE Petitioner is husband of Respondent No. 1 whereas Respondent No. 2 is their minor son.

(3.) AFTER hearing learned Counsel for the parties and having gone through the material on record, I am of the considered view that no interference in the impugned order dated 13.1.2007 passed by the learned Additional Sessions Judge, Chandigarh is called for. On the basis of material on record, it has been observed by learned Additional Sessions Judge that the Petitioner is getting a monthly salary of Rs. 9000/ -, therefore, grant of interim maintenance of Rs. 1500/ - to Respondent No. 1, more so, when admittedly she has no regular source of income like employment etc. is neither excessive nor can be termed as arbitrary.