GAJANAND Vs. DHAPU

JUDGEMENT

(1.) Heard Learned Counsel for the petitioner.

(2.) The sum of Rs. 400.00per month has been awarded to the non-petitioners by way of interim maintenance in an application under section 125 Cr. P.C. I this contended that the petitioner is prepared to keep his wife and children with him and the court below without looking into these allegations and without finding a prima facie case that the petitioner has refused or neglected to maintain his wife and children has awarded interim maintenance.

(3.) In my view the petitioner should approach the Magistrates for calling the non-petitioner No. 1 in person for purposes of asking her whether she wants to live with the petitioner and what are the reasons in case she does not agree to this proposal. This court cannot exercise its inherent powers for purpose of making this enquiry as it cannot be said that there is abuse of process of law. With these observations, this petition is dismissed summarily. Petition dismissed.