High CourtsSingle Bench

Samaipal vs Smt. Pinki

Punjab And Haryana At Chandigarh · Decided on 2 July 2010 · Citation: (2010) 4 RCR(Criminal) 585

HON’BLE JUDGES
Jaswant Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 125, 482
RESULT
Allowed
CASE NUMBER
Criminal M. No. 18573-M of 2010 (O and M)
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Judgment

8 paragraphs · 163 words

Jaswant Singh, J.

Crl. M. No. 32837 of 2010

1.

Application is allowed as prayed for.

Crl. M. No. 18573-M of 2010

Prayer in this petition u/s 482 Cr.P.C is for quashing order dated 9.9.2009 (P.1) passed by the learned District Judge, Family Court, Faridabad whereby the respondent-wife has been granted interim maintenance allowance at the rate of Rs. 1000/- per month on an application u/s 125 Cr.P.C.

2.

It is not disputed that the marriage between the parties took place on 16.3.2002 and w.e.f 27.7.2008, respondent-wife is residing with her parents. Admittedly, two sons borne out of wedlock are residing with the petitioner- husband. Learned Family Court in exercise of the jurisdiction has granted interim maintenance at the rate of Rs. 1000/- per month keeping in view the fact that it is the moral obligation and legal duty of the husband to maintain his wife, who is financially dependent on him.

I find no ground, which warrants interference by this Court.

Dismissed.