VINOD KUMAR SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS misc. petition has been filed by the petitioner under Sec. 482 Cr. P.C. against the order dt. 13.12.2010 passed by Judicial Magistrate (First Class) Sikrai, Dausa in Criminal Case No. 33/2010 whereby the application filed by the respondnety No. 2 for interim maintenance was allowed and the petitioner was further directed to pay a sum of Rs. 1,000/ - per month to the non -petitioner No. 2 till final disposal of the main application. Brief facts of the case are that the marriage of the petitioner and non -petitioner No. 2 was solemnized on 21.05.2002 as per Hindu Rites. After three years of the marriage the Gonna was done in the year 2005 and out of this wedlock she gave birth to a female child. Lateron the non -petitioner No. 2 went back to her parents house along with her brother and did not come back. The petitioner many times asked the non -petitioner No. 2 to come to his house but when she did not return the petitioner filed an application under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights on 06.07.2009. The non -petitioner No. 2 lodged a complaint against the petitioner for the offence under Sec. 498A, 406 and 323 IPC. On the application under Sec. 125 Cr. P.C. filed before the Judical Magistrate, the Judicial Magistrate allowed compensation in the amount of Rs. 1,000/ - per month till final disposal of the application.

(2.) THE learned counsel for the petitioner has contended that the order allowing the non -petitioner Rs. 1000/ - as maintenance is illegal as the non -petitioner No. 2 residing with her parents on her own will.