IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-5675 of 2009
Date of decision : July 15, 2009
Sarwan Kumar
....Petitioner
versus
Jaya Parajuli and another
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. JS Virk, Advocate, for the petitioner
Mr. Puneet Gupta, Advocate, for the respondents
L.N. Mittal, J. (Oral)
Sarwan Kumar has filed this petition under section 482 of Code
of Criminal Procedure (for short, Cr.P.C.) assailing order dated 16.9.2008
Annexure P/2 passed by learned Judicial Magistrate Ist Class, Chandigarh
as affirmed in criminal revision by learned Additional Sessions Judge,
Chandigarh vide judgment dated 7.2.2009, granting interim maintenance to
respondent No. 1 (wife of the petitioner) at the rate of Rs 2000/- per month
and interim maintenance to respondent no. 2 (minor daughter of the
petitioner) at the rate of 4000/- per month from the date of filing of the
petition under section 125 Cr.P.C.
I have heard learned counsel for the parties and perused the
case file.
Criminal Misc. No. M-5675 of 2009 -2-
Relationship between the parties is not in dispute.
Respondents filed petition under section 125 Cr.P.C. along with application
for interim maintenance alleging that the petitioner herein is having house at
Kansal and running beauty Parlour in Sector-38, Chandigarh and earning Rs
75,000/- to Rs 80,000/- per month. The petitioner denied that he was
running a beauty Parlour.
Learned counsel for the petitioner vehemently contended that
there is nothing on record to show the income of the petitioner and
therefore, the interim maintenance granted by the courts below is excessive.
It is submitted that the petitioner is presently undergoing some course in
music at Bombay.
On the other hand, learned counsel for the respondents
contended that the petitioner has released some audio cassettes of his music
and is also running Beauty Parlour and has substantial income.
Courts below have also observed that respondent no. 2 is
having hole in her heart and is getting treatment for the same for which
heavy expenses are being incurred by respondent no. 1. Respondent no. 1
is having some income being in part time private job.
Keeping in view all the circumstances, both the courts below
have granted interim maintenance.
The instant petition under section 482 Cr.P.C. is just like a
second criminal revision which is not maintainable. Even otherwise, on
pointed queries, learned counsel for the petitioner could not point out any
averment in the reply of the petitioner submitted before the Magistrate
regarding his own income. On the other hand, the petitioner is an expert in
musical recordings and is undergoing course at Bombay for further
Criminal Misc. No. M-5675 of 2009 -3-
enhancement of his said skill. The petitioner has the money to undergo
said course and also to incur expenses for his boarding and lodging at
Bombay.
Keeping in view all these facts and circumstances, the
impugned orders of the courts below awarding interim maintenance cannot
be said to be suffering from any perversity or illegality so as to warrant
interference at the hands of this court in exercise of inherent jurisdiction
under section 482 Cr.P.C. even after the petitioner has failed in his attempt
in the revisional court.
For the foregoing reasons, the instant petition is dismissed.
( L.N. Mittal )
July 15, 2009 Judge
'dalbir'