VARUN ARORA Vs. RICHA ARORA

JUDGEMENT

(1.) In the present petition, the petitioner has challenged the order dtd. 3/12/2020 passed by the learned City Judge, Jammu (hereinafter referred to as the "Trial Court") in a proceeding under Sec. 125 Cr.P.C, whereby the learned Trial Court has awarded the interim maintenance of 15,000/- per month in favour of the respondents.

(2.) In the petition, it is averred that the petitioner had entered into a wedlock with respondent No. 1, out of which, respondent No. 2 was born. It is also averred that after some time, the marriage of the petitioner with respondent No. 1 ran into rough weather on account of interference of parents of respondent No. 1 in the marital affairs. It is further averred that the respondent No. 1 is serving as IT Teacher in JK Public School, Kunjwani and drawing the salary of 35,000/- per month. The petitioner goes on to highlight that the behaviour of respondent No. 1 and her parents towards him has been cruel and he is not even being allowed to meet his minor daughter, i.e., respondent No. 2. According to the petitioner, the learned Trial Court has passed the impugned order, directing him to pay interim maintenance of 15,000/- per month to the respondents without taking these facts into consideration, as the order impugned has been passed in ex-parte. It is also contended that the petitioner is not having the means to pay the amount of maintenance fixed by the learned Trial Court, as both his parents are unwell and he has to incur expenses on their treatment.

(3.) It is further contended that when the petitioner could not pay the amount of maintenance fixed by the learned Trial Court, recovery warrants have been issued against him by the Family Court, Jammu, before whom the proceedings are presently pending.