Neeraj Kumar vs Surita Sharma

B.L. Bhat, Judge

This motion of revision is aimed at setting aside the order dated 23.11.2002 recorded by the learned Chief Judicial Magistrate, Poonch in cases

File No. 52 Criminal Misc., title as Surita Sharma v. Neeraj Kumar. It stems out of those circumstances, which are summarised as:

One Surita Sharma, the respondents came to approach the learned Chief Judicial Magistrate, Poonch through the medium of an application u/s

288 Cr. PC on the ground that she is legally wedded wife of the petitioner/applicant, who after the marriage alongwith his parents started torturing

her both mentally and physically and finally deserted her when she was in a family way and is presently living with her parents alongwith her minor

child which she begot form her husband/petitioner. Alongside this application, she came to file an application for grant of interim/monthly

maintenance allowance for her as well as for her said minor child. Learned Chief Judicial Magistrate by virtue of order dated 23.11.2002 came to

allow the application and came to grant monthly interim maintenance allowance of Rs. 600/ each in favour of the respondent and the minor child of

the parties with the direction that this interim monthly maintenance shall be paid before 10Th of every month with further direction to the non-

applicant wife that amount so awarded in favour of the minor, shall be spent solely for the up bringing of the minor. The order came to be passed

with the observation that both the parties agreed to this monthly interim maintenance and it is with their consent, this interim maintenance is fixed.

The learned counsel for the petitioner submits firstly that his client never agreed for the grant of monthly interim maintenance as observed by the

inquiry Magistrate in the order and it is respondent-wife who has withdrawn voluntarily from the society of the petitioner.

Heard learned counsel for the petitioner.

The proceedings u/s 488 Cr. PC are intended for ensuring some supply of food, clothes and shelter to deserted wives and children whatsoever

the case may be from their respective husbands and father provided such a husband or father is a person of sufficient means and has neglected or

refused to maintain his wife or child legitimate or illegitimate who is unable to maintain itself. The law is also settled now that the Inquiry Magistrate

before whom the proceedings u/s 488 Cr. PC are pending has power to order the payment of monthly interim maintenance during the pendency of

the proceedings. This being so, the impugned order does not require any interference from this court. Objections of the petitioner to the grant of

monthly interim maintenance to his wife and minor child would be examined by the Inquiry Magistrate letter on when the main application u/s 488

Cr. PC is decided. There is no illegality or impropriety in this order impugned, therefore, the motion o revision is dismissed in limine.