SATYAVEER Vs. SUNITA

JUDGEMENT

(1.) This petition is finally disposed of with the consent of the parties. This criminal Misc. Petition is directed against the order dt. 29/7/2009 passed by the Judicial Magistrate, First Class, Khetri, Jhunjhunu in case No. 320/2008 whereby interim maintenance at the rate of Rs. 1500/ - per month has been awarded in favour of respondent -wife.

(2.) The brief facts of the case are that the respondent wife filed an application under Sec. 125 of Code of Criminal Procedure stating therein that on 12.11.2005, marriage between petitioner and respondent was solemnized. After marriage, petitioner started ill -treating with wife and made a demand of dowry. Respondent -wife alleged that the petitioner is earning a sum of Rs. 30,000/ - per month therefore prayed for Rs. 10,000/ - per month as interim maintenance. Petitioner filed reply denying the averments made in the application by the wife. Trial Court, after hearing the parties, awarded interim maintenance at the rate of Rs. 1500/ - per month to respondent wife.

(3.) Counsel for the petitioner contends that the petitioner is a patient of schizophrenia disease and on account of this disease, he was removed from service of army and not having any other means to maintain himself as he is spending substantial amount on medicines out of the pension which he now gets and therefore, he is unable to pay amount of interim maintenance as directed by the trial Court. He further contends that impugned order deserves to be quashed because facts have not been considered as were pleaded.