PURANCHAND Vs. DHANGESHARI DEVI

JUDGEMENT

(1.) This petition under Article 227 off the Constitution of India read with Section 482 of the Code of Criminal Procedure (hereinafter referred as, ˜the Code), has been preferred by the petitioner against the orders dated 23.11.2002 and 23.3.2004, respectively, passed by the learned Chief Judicial Magistrate and the learned Additional Sessions Judge, Mandi, whereby the learned Chief Judicial Magistrate had granted interim maintenance to the respondent and the learned Additional Sessions Judge has dismissed the revision petition of the petitioner challenge such grant as being not maintainable.

(2.) Brief facts leading to the filing of the present petition ace that the respondent during the pendency of her petition under Section 125 of the Code for grant of maintenance to her and her minor daughter, moved an application for grant of interim maintenance to her during the pendency of the aforesaid petition. The (earned trial Magistrate allowed the application and granted interim maintenance of Rs. 400/ -per month in favour of the respondent and also directed the petitioner to pay Rs. 300/ - as litigation expenses to the respondent.

(3.) Aggrieved by the order, petitioner filed a Revision Petition, which has been dismissed by the learned Additional Sessions Judge vide impugned order dated 23.3.2Q04 on the ground that it was not maintainable. Hence, this petition by the aggrieved petitioner.