Lajja Singh vs Jaswant Kaur

G. S. Chahal, J.

Lajja Singh, by means of this petition under Section 482 Cr.P.C., seeks quashing of order dated May 2, 1992 Annexure P4.

Respondent Jaswant Kaur brought an application under Section 125 Cr.P.C. for grant of maintenance against the petitioner claiming that she was his lawfully wedded wife and the petitioner has refused and neglected to maintain her. In these proceedings, the respondent moved an application for grant of interim maintenance.

In reply to the application for interim maintenance, the factum of marriage was admitted, but it was claimed that the petitioner could maintain herself. However, in the main petition, the factum of marriage between the parties was denied and it was claimed that the petitioner was married to one Kartar Kaur. The learned Magistrate, after considering all the aspects, ordered grant of interim maintenance.

The grant of interim maintenance is a matter of judicial discretion and the learned Magistrate has correctly exercised this discretion, in view of the fact that contradictory pleadings had been taken by the petitioner in reply to the main petition and the reply to the application for interim maintenance.

This order has a life till the decision of the main petition. The fact as to whether a lawful marriage had been performed between the parties is, however, left open to be decided after recording of complete evidence. Thus, order Annexure P4 calls for no interference. This petition is hereby dismissed.