ANIL KUMAR Vs. ANURADHA GUPTA AND ANR.

JUDGEMENT

(1.) THROUGH the medium of petition in hand, the petitioner namely Anil Kumar has invoked the jurisdiction of this Court under Section 561 -A Cr. PC for the quashment of proceedings initiated against him under Section 488 Cr. PC in case titled as Smt. Anuradha Gupta and Anr. v. Anil Kumar pending decision before the learned Special Municipal Magistrate, Jammu and also the order dated 28.10.2002 recorded by learned Special Municipal Magistrate with respect to application for grant of interim maintenance arising out of said proceedings.

(2.) IT appears that Smt. Anuradha Gupta and minor child Aniket Gupta who approached the Inquiry Magistrate under Section 488 Cr. PC for awarding maintenance from the husband and the father respectively on the ground that despite he is person of sufficient means, has neglected and refused to maintain them. Alongside, respondent -wife and minor child they came to file an application for grant of interim maintenance. Learned Inquiry Magistrate after hearing the learned counsel for the parties, came to award monthly maintenance @ Rs. 700 to the respondent -wife and @ Rs. 500 to the respondent -son by virtue of order which is impugned in this petition.

(3.) ON the other hand, the contention of the learned counsel for the respondents is that filing of application by the husband for Restitution of Conjugal Rights, does not operate as bar to a destituted wife or a furlong child from approaching before the learned Magistrate for grant of monthly statutory maintenance during the pendency of the said application for Restitution of Conjugal Rights.