Shri Punit Malhan vs Smt. Neha Malhan and Others

Gita Mittal, J.—By this petition u/s 482 of the Cr.P.C., the petitioner assails an order dated 22nd October, 2008 passed by the learned Metropolitan Magistrate fixing interim maintenance in proceedings u/s 125 of the Cr.P.C. The petitioner is also aggrieved by the revisional order dated 2nd March, 2009 passed by learned ASJ when the petitioner assailed the aforenoticed order of learned Metropolitan Magistrate.

Perusal of the order shows that courts below have arrived at a purely interim finding assessing the petitioner''s income as Rs. 12,000/- per month and have issued a direction to the petitioner to make payment of Rs. 3,000/- to the petitioner No. 1 and Rs. 1,500/- towards his child. Both the courts have considered all documents which were placed before it and have noticed the fact that the respondent No. 2, the child of the petitioner and respondent No. 1, was studying in a public school whose expenses which included her food, school fee, tuition fees, transportation etc. alone would be substantial. The court has also noticed that no arrangement has been made towards residence or the other expenses of the respondents by the petitioner. No document or proof of the respondent-wife being employed or having any source of income, has been produced.

In any case, the orders passed by the courts below are merely interim orders. The trial court is yet to take a final view in the matter.

For all these reasons, I find no merit in this petition which is hereby dismissed.

Needless to say, the trial court shall take a considered view in the matter uninfluenced by any observation made herein.

Crl. M.A. No. 4206/2009

In view of the order passed in the main petition, this application is rendered infructuous and is disposed of as such.