MOHINDER KUNAR Vs. REETA DEVI & ANR

JUDGEMENT

(1.) In this petition filed under section 561-A Cr. P. C, the petitioner has sought the endurance of this Court in quashing the order dated 15.10.2015 passed by the learned 3rd Additional Munsiff, Jammu, whereby interim maintenance @ Rs.3500/- per month has been awarded in favour of the respondents and the order dated 04.07.2016 of the learned 2nd Additional Sessions Judge, Jammu, passed in criminal revision, titled Mohinder Kumar v. Reeta Devi, whereby the revision against the order dated 15.10.2015 has been dismissed.

(2.) The facts that have given rise to the instant petition are that the respondent No.1 in this petition filed an application for the grant of maintenance in her favour and in favour of her minor child under Section 488 of the Code of Criminal Procedure before the Court of 1st Additional Munsiff, JMIC, Jammu. By order dated 15.10.2015, the learned 3rd Additional Munsiff, Jammu (JMIC), Jammu, granted interim maintenance to the respondents here in this petition by ordaining the petitioner herein to pay Rs.1500/- as maintenance to respondent No.1, i.e. his wife, and Rs. 2000/- to respondent No.2 (his son) from the date of the order till the final disposal of the main petition with a further direction that the order will not have any effect on the rights of the parties at the final disposal of the main petition.

(3.) Aggrieved by this order the petitioner herein filed a revision petition which was dismissed by the learned 2nd Additional Sessions Judge, Jammu, vide order dated 04.07.2016, the relevant excerpts of which are detailed below: