Subhash Chand vs Smt. Saraswati Devi and Master Rohit (Minor) through her natural guardian and mother Smt. Saraswati Devi Both

Hon''ble Prafulla C. Pant, J.—Heard. By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 23.05.2011, passed by Principal Judge, Family Court, Dehradun, in Case No. 199 of 2010, Smt. Saraswati Devi and another vs. Subhash Chand, whereby said court directed the present petitioner to pay maintenance at the rate of Rs. 5,000/-per month to his wife and his minor son.

Brief facts of the case are that, the petitioner got married to respondent No. 1 in the year 2002. A son (named Rohit) was born out of the wedlock in the year 2005. It appears that there had been more than one round of litigations u/s 125 of Cr.P.C., between the parties to matrimony. In the first round of litigation which terminated in terms of compromise the petitioner agreed to pay his wife maintenance at the rate of Rs. 5,000/-per month, if he harassed his wife. It appears that the wife joined company of her husband in the year 2003. But again after the birth of the child relations appears to have been soured and the wife has pleaded that the present petitioner is neglecting to maintain her and the son.

Relying on the terms of compromise in the first round of litigation the trial court in the impugned petition pending before it u/s 125 of Cr.P.C, directed the petitioner to pay interim maintenance at the rate of Rs. 5,000/-per month to his wife and the son.

Learned counsel for the petitioner submitted that petitioner''s income is only ` 2,000/-per month. However, it is not denied that he is a doctor having degree of BAMS.

Considering the facts and circumstances of the case, and economic status of the parties, this Court does not find any reason to interfere with the impugned order passed by the trial court. Accordingly, the petition u/s 482 of Cr.P.C., is dismissed summarily.