ASHOK KUMAR Vs. ANJNA DEVI

JUDGEMENT

(1.) By way of instant petition, petitioner has assailed the order dtd. 28/11/2019 passed by learned Session Judge, Bilaspur in Criminal Revision No. 2/10 of 2019, whereby, the order passed by learned Judicial Magistrate 1st Class, Court No.3, Ghumarwin, District Bilaspur, H.P. in Criminal Miscellaneous Application No. 169/4 of 2018, allowing the interim maintenance in favour of respondent herein has been modified, reducing interim maintenance from Rs.3000.00 per month to Rs.2500.00 per month.

(2.) Brief facts of the case are that respondent (hereinafter referred to as the 'wife') filed an application under Sec. 125 Cr.P.C against the petitioner (hereinafter referred to as the 'husband') for grant of maintenance on the allegations of her neglect at the hands of husband. It is alleged that a son and daughter were born out of wedlock between wife and husband. Unfortunately, son had died and thereafter wife had to suffer harassment, humiliation and neglect at the hands of husband. Wife was residing with her parents. She claimed to have no independent source of income. On refusal of the husband to maintain the wife, she filed the application as aforesaid. Prayer for interim maintenance was also made. Husband was alleged to be earning Rs.30,000.00 per month by running hotel business.

(3.) Husband has contested the petition as well as the interim application on the ground that wife, herself was a wrong doer and had left her matrimonial home without any rhyme or reason. Allegations of neglect, harassment and maltreatment were specifically denied. It was submitted that in fact three children were born out of the wedlock between the parties. Two of them had died and the third daughter aged about 6-7 years was residing with husband. It was the husband who was maintaining his school going daughter. Husband also alleged himself to be under financial stress on account of huge amount of expenditure on the treatment of his father, besides his duty to look-after his mother. Husband, specifically alleged that wife was a trained Tailor and was earning approximately Rs.15,000.00 per month. As regards his income, the husband pleaded that he was working only as a casual labourer and specifically denied that he was running any hotel.