SANDEEP GUPTA Vs. INDU GUPTA

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is directed against the judgment passed by learned Additional Sessions Judge, Kullu, on 21.10.2014 whereby he affirmed the order passed by learned Chief Judicial Magistrate, Kullu, directing the petitioner to provide one room to the aggrieved person in the newly constructed shared household for residence purpose.

(2.) The matrimonial relationship interse parties is not denied. The learned Courts below have concurrently found the respondent to be the legally wedded wife of the petitioner. The marriage between the parties had been solemnized as per Hindu rites and ceremonies on 04.11.2007 and out of this wedlock a son was born to them. On the application of the wife, the respondent was directed to pay monthly maintenance at the rate of Rs. 4,000/- to her and their minor child and provide one room in the shared household.

(3.) The learned counsel for the petitioner has argued that instead of petitioner being compelled to provide the respondent with the shared household, he is ready to hire a separate accommodation for the respondent and their child and, therefore, the orders of the Courts below to provide a shared household be quashed and set aside. He further argued that once the accommodation belongs to his mother, the same cannot be said to be a shared household and, therefore, the respondent has no right to claim residence in such premises.