ASHWANI KUMAR Vs. PARWATI

JUDGEMENT

(1.) By way of this petition, filed under Sec. 482 of the Criminal Procedure Code, the petitioner has prayed for the following relief:

(2.) Brief facts necessary for the adjudication of the present petition are that a petition was filed under Sec. 125 of the Criminal Procedure Code (hereinafter to be referred as 'Cr.P.C.') by the respondents herein against the present petitioner, seeking maintenance on the ground that the applicants were the wife and daughter of the respondent therein and as they were not being looked after by the husband, therefore, they were legally entitled for maintenance from the husband.

(3.) An order was passed by the Court of learned Judicial Magistrate, 1st Class, Court No.1, Solan, District Solan, H.P., in Cr.MA No.128/4 of 2018, titled as Smt. Parwati & another Versus Sh. Ashwani Kumar, decided on 12/10/2018, in terms whereof, learned Trial Court ordered that the daughter was entitled for interim maintenance to the tune of Rs.15,000.00 per month, though no maintenance was awarded in favour of the wife. This conclusion was arrived at by learned Trial Court by observing that an unmarried daughter till she attained the age of majority was entitled for grant of maintenance under Sec. 125 of the Cr.P.C.