LALITA Vs. MANOJ KUMAR MUKHIJA

JUDGEMENT

(1.) Aggrieved by the order dated 20.01.2009, passed by the Additional Chief Judicial Magistrate, No.2, Alwar, whereby the learned Magistrate has granted an interim maintenance of merely Rs.200/- to the petitioner No.1 and Rs.150/- each to the petitioner Nos.2 & 3, the petitioners have approached this Court.

(2.) The brief facts of the case are that the petitioner No.1 filed an application for maintenance against the respondent before the learned Magistrate. In the application, she has stated that on 17.02.2002 she married the respondent. From the marriage, two children were born. After her marriage, the respondent started to physically and mentally torture her and to demand dowry. In 2006, the respondent threw her out of the house. Thus, she prayed for maintenance. The respondent submitted his reply and denied the allegations made in the application for maintenance. After hearing both the parties, Vide order dated 20.01.2009, the learned Magistrate awarded an interim maintenance of Rs.200/- to the petitioner No.1 and Rs.150/- each to the respondent Nos.2 & 3. Hence, this petition before this Court.

(3.) Mr. Biri Singh Sinsinwar, the learned counsel for the petitioners, has vehemently contended that considering the fact that allegedly the respondent lives in a joint family who owns a number of shops, the learned Magistrate should have granted a more liberal interim maintenance.