BALBIR KUMAR Vs. SONIYA W/O BALBIR KUMAR

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A Cr.P.C., petitioner seeks quashment of order dtd. 21/2/2018 passed by the learned 1st Additional Sessions Judge, Jammu, by virtue of which he has dismissed the revision petition filed by the petitioner against the order dtd. 20/2/2017 passed by the learned 1st Additional Munsiff (Forest Magistrate), Jammu whereby the petitioner has been directed to pay an interim maintenance to the tune of Rs.3,000.00 per month to respondent No.1 and Rs.2,000.00 to minor child.

(2.) In the petition, it has been stated that trial court without considering any provision of Sec. 488 Cr.P.C. has passed the impugned order in a routine manner. The Court below has not considered the objections to the interim application as well the main petition in which the petitioner has specifically denied the contents of the main petition and has exercised the jurisdiction on the basis of surmises and conjectures. It is further stated in the petition that the respondent is not wife of the petitioner and she has falsely alleged that she has solemnized marriage with the petitioner. That respondent has hatched a conspiracy with her previous husband, namely, Vicky Sotra and has obtained the interim relief. Before filing the petition under Sec. 488 Cr.P.C., respondent with ulterior motive just to harass the petitioner, registered an FIR No.159/2013 dated 06.09.2013under Ss. 376, 109, 342, 323, 324, 341, 506, 420 and 382 RPC against the petitioner, his mother and father. After the registration of the said FIR, she started pressurizing the petitioner to solemnize marriage and accordingly he performed marriage with her and FIR was withdrawn by the respondent. The marriage between the petitioner and the respondent was never solemnized as per Hindu Marriage Act and they never lived together.

(3.) I have considered the submissions of learned counsel for the petitioner and perused the record.