High CourtsSingle Bench(2004) 03 P&H CK 0146

Sham Sunder vs Avinash Kaur

Punjab And Haryana At Chandigarh · Decided on 12 March 2004 · Citation: (2004) 9 CriminalCC 218

HON’BLE JUDGES
Satish Kumar Mittal, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition No. 12377-M of 2004

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Judgment

5 paragraphs · 223 words

Satish Kumar Mittal, J.—The petitioner husband has filed this petition u/s 482 of the Code of Criminal Procedure against the order dated 13.10.2003 passed by Chief Judicial Magistrate, Panchkula, vide which interim maintenance of Rs. 1,000/- per month has been granted to the respondent wife.

2.

Undisputedly, the marriage between the parties took place on 30.3.2000. Two years after the marriage, the respondents wife was compelled by the harsh conduct of the petitioner husband to leave the matrimonial home. No only the demand of dowry was made but she was beaten by the petitioner in a drunken condition. When the respondent was thrown out of the house, she filed the present application for maintenance allowance claiming that her parents are poor and she is unable to maintain herself. Considering the averments made by the respondent wife, the learned trial court has granted Rs. 1,000/- as interim maintenance to her.

3.

Learned counsel for the petitioner states that the amount of Rs. 1,000/- is excessive as the petitioner is only a student.

After hearing learned counsel for the petitioner and going through the impugned order, keeping in view the present time, 1 do not find the aforesaid amount of maintenance awarded by the learned trial court as excessive at all. Therefore, I do not find any reason to interfere with the impugned order.

Dismissed.