KULDEEP SINGLA Vs. BABY ALIAS KIRAN

JUDGEMENT

(1.) THIS order will dispose of two petitions bearing Criminal Miscellaneous No. 24189-M of 2007 and Criminal Miscellaneous No. 34702-M of 2007 arising out of common order dated March 20, 2007 passed by the learned Additional Sessions Judge, Panchkula.

(2.) FACTS have been noticed from Criminal Miscellaneous No. 24189-M of 2007. Vide impugned order, the order passed by the learned Additional Chief Judicial Magistrate, Panchkula fixing the maintenance @ Rs. 900/- per month for each respondent i.e. total of Rs. 2,700/- for three persons per month from the date of application was upheld.

(3.) BRIEFLY facts are that the marriage between petitioner and respondent No. 1 was solemnized on May 10, 1996. Because of certain differences, litigation is pending and according to the petitioner infact he and other family members have been convicted. The dispute in the present case is regarding the proceedings initiated by the respondents for grant of maintenance under Section 125 of the Code of Criminal Procedure (for short "the Code"). Learned Magistrate by his interim order dated February 7, 2003 directed the petitioner to pay maintenance @ Rs. 400/- to respondent No. 1 and Rs. 300/- per month each to respondents No. 2 and 3, the minor children. The interim order was confirmed by learned Additional Sessions Judge. In support of the claim made by the respondents, it was submitted that respondent No. 1 was harassed by the petitioner for not bringing enough dowry and was infact shunted out of the matrimonial home. A prayer was made for grant of maintenance of Rs. 3,000/- per month for all the respondents. At the time of final disposal of the claim made by the respondents, learned Magistrate considering the material on record fixed the maintenance at the rate of Rs. 900/- per month for each of the respondents making it a total of Rs. 2,700/- per month from the date of application.