PARAS DEVI Vs. SURESH CHAND

JUDGEMENT

(1.) This Revision Petition under sec.397 read with sec.401 CrPC is directed against the order dated 27 th June 2011 passed by learned Sessions Judge, Chittorgarh in Cr. Revision No.189/2010, whereby revision petition of petitioner-husband was partly allowed, thereby modifying amount of interim maintenance to Rs.1000/- per month from Rs.2000/- per month to the present petitioner-wife, as ordered by the trial court by its order dated 01 st July 2010.

(2.) Briefly stating facts of the case are that petitioner-wife preferred an application under sec.125 CrPC before learned Additional Chief Judicial Magistrate, Kapasan (Chittorgarh), inter alia, averring that the respondent married her on 19.4.2000 in village Kotla with Hindu rites & customs. After some time of the marriage the petitioner-husband and the in-laws started giving her maltreatment, demanding more dowry. Some amount was paid by her father but still their demand exceeded, which could not be fulfilled by her father. They respondent-husband started beating her and ultimately expelled her from the matrimonial home. With these averments, the present non-petitioner-wife moved an application under sec.125 CrPC praying for maintenance allowance from petitioner-husband.

(3.) During pendency of the application under sec.125 CrPC, an application for grant of interim maintenance was filed. The respondent-husband mainly contended that he has moved an application for restitution of the conjugal rights and the wife is living separately at her own. After considering the rival submissions, learned trial judge by an elaborate order accepted the application and ordered the respondent-husband for payment of Rs.2000/- per month towards interim maintenance till appropriate order is passed on the application under sec.125 CrPC.