SURENDER AHUJA Vs. POONAM

JUDGEMENT

(1.) The petitioner-husband has filed present petition under ftion 482 Cr.PC for setting aside the order dated 11.09.2018 passed by learned Judicial Magistrate 1st Class, Panipat, whereby in a petition under Section 125 Cr.PC filed by the respondents, who are wife and minor son of the petitioner, learned Magistrate has granted interim maintenance to the tune of Rs.8,000/- per month to respondent No.1-wife and Rs.3,000/- per month to respondent No.2-minor son i.e. total Rs.11,000/- per month from the date of application.

(2.) Challenge has also been laid to the judgment dated 22.01.2019 passed by learned Additional Sessions Judge, Panipat, whereby the criminal revision filed by the petitioner-husband against the order dated 11.09.2018 passed by learned Magistrate, was partly allowed and the petitioner-husband was directed to pay interim maintenance of Rs.6,000/- per month to respondent No.1-wife and Rs.2,000/- per month to respondent No.2-minor son.

(3.) Briefly stated, the respondents have filed a petition under Section 125 Cr.PC before the trial Court for grant of maintenance against the petitioner-husband. As per the petition, the marriage between the petitioner and respondent No.1 was solemnized on 20.01.2009 and out of this wedlock, a son Bhavishya (respondent No.2 herein) was born on 25.12.2011. The petitioner and his family members were not happy with the dowry brought by respondent No.1 and used to taunt her for not bringing sufficient dowry. The petitioner tried to turn her out of the matrimonial home by levelling false allegations upon her and her parents and she was compelled to leave her matrimonial home in December, 2013. She remained with her parents for six months and thereafter, she again joined the company of the petitioner due to intervention of her parents and other respectable persons of the family.