CHANDRAKANT JAIN Vs. VEERMATI JAIN

JUDGEMENT

(1.) By way of the present petition under sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C"), petitioner has challenged the order dtd. 6/1/2022, whereby the learned Gram Nyayalay, Aspur, District Dungarpur (hereinafter referred to as "the trial Court") has partly allowed the application for interim maintenance filed by the respondent (wife) and directed the petitioner to pay a sum of Rs.5,000.00 per month as interim maintenance.

(2.) Mr. Singhvi, learned counsel for the petitioner argued that the petitioner and the respondent who got married on 17/2/1976, have been living separately since 1986 and therefore, the present petition under sec. 125 of Cr.P.C. that has been filed in the year 2021, is clearly an abuse of the process of law.

(3.) During the course of submission, learned counsel for the petitioner argued that the Court below has treated petitioner's income to be Rs.1,00,000.00 whereas his return of income tax shows that his income is approximately Rs.40,000.00 per month.