KAMAL KISHORE Vs. RAJNI BALA

JUDGEMENT

(1.) Petitioner has invoked the inherent powers of this court under section 561-A of Criminal Procedure Code (hereinafter to be referred as Cr.P.C) for quashing the order dated 10.09.2016, passed by Learned Principal Sessions Judge, Kathua, whereby his criminal revision No. 11/Revision has been dismissed by upholding the ex-parte order dated 18.03.2016, passed by Judicial Magistrate 1st Class, Hiranagar in File No. 07/Cr. Main titled 'Rajni Bala vs. Kamal Kishore' whereby it has granted maintenance @ Rs. 5000/- per month in favour of the respondent-wife.

(2.) The brief facts giving rise to this petition are that marriage between the petitioner and respondent was solemnized on 15.04.2012 at Bathal Chack, Teshsil Hiranagar and after marriage both started living in the house of petitioner at villagae Sarna, Tehsil Pathankot, Punjab. It is alleged that petitioner and his family member started taunting and beating her for bringing less dowry and also for not conceiving child. On 26.01.2015, when the respondent had come to attend marriage at her parental house in Hiranager, the petitioner physically harassed her by beating her and since then she is living at her parental house. On 07.12.2015, the respondent filed the petition for maintenance under section 488 of Cr.P.C. After institution of petition, the Judicial Magistrate 1st Class, Hiranagar issued summons for appearance of petitioner herein and on its satisfaction that petitioner herein is willfully avoiding service, proceeded exparte against him and passed the impugned order granting maintenance @ Rs. 5000/- per month in favour of the respondent-wife. Against this order of maintenance, the petitioner herein filed the revision before Principal Sessions Judge, Kathua, which came to be dismissed upholding the order of Magistrate granting maintenance. Hence the present petition.

(3.) Heard and considered.