RAJ PAL Vs. PREETI AND ANOTHER

JUDGEMENT

(1.) The petitioner is aggrieved of order dated 20.01.2016 passed by the learned Judicial Magistrate 1st Class, Jalandhar, whereby the petitioner was directed to pay interim maintenance to the tune of Rs. 12,000/- per month to respondent No.2 i.e. his minor daughter. Petitioner further seeks quashing of order dated 4.6.2016 passed by the learned Sessions Judge, Jalandhar, whereby the petitioner's revision petition against order dated 20.1.2016 has been dismissed.

(2.) The respondents i.e. wife and minor daughter of the petitioner filed a petition under Section 125 Cr.P.C., 1973 claiming maintenance from the petitioner. As per the averments in the said petition marriage was solemnized between the petitioner and respondent No.1 on 10.10.1997. Relations between the parties remained normal for about a year but thereafter petitioner's behavior deteriorated. Demand of dowry was raised by the petitioner and his family members. Respondent No.2, daughter of the petitioner and respondent No.1, was born on 2.7.1999. Respondent No.1 suffered miscarriage in the year 2000. Allegations of illicit relations have been raised against the petitioner by the respondent-wife. It is further averred that the petitioner stopped residing with the respondents and started living with another lady. It is stated that despite a legal and moral obligation on the part of petitioner-husband to maintain the respondents, he failed to pay even a single penny to them as maintenance. It is further stated that a joint housing loan of Rs. 15 lakhs was secured by the respondent-wife and the petitioner, but the petitioner stopped paying the loan instalment of Rs. 17,000/- per month. The instalment is being paid by the respondent-wife along with the instalment of a car loan to the tune of Rs. 5,000/- per month.

(3.) The petitioner is stated to be working as a Multi-purpose Health Worker Supervisor with the Health Department of State of Punjab, drawing a salary of Rs. 40,000/- per month. Respondent-wife is stated to be earning a salary of Rs. 52,108/- per month while working as a Lab Technician with the Health Department of State of Punjab. It is however averred that she has to discharge numerous responsibilities, including the payment of the instalments of the house and car loan. Their minor daughter residing with the respondent-wife is stated to be a student of 10+1 (Medical Stream). The child is stated to be studying in Cambridge International School, Jalandhar, with a tuition fee of Rs. 5,000/- per month. Rs. 1200/- per month is paid towards her transportation charges. Rs. 72,000/- per annum is deposited as coaching fees for the minor daughter. Another sum of Rs. 8,000/- per month is paid for preparation of the PMT competition.