S.S.GREWAL,J - (1.) THIS petition under Section 482 of the Code of Criminal Procedure, read with Article 227 of the Constitution of India, relates to quashment of the order passed by the Additional Chief Judicial Magistrate, Patiala, dated 14th January, 1988, whereby interim maintenance at the rate of Rs. 200/- per month was awarded to the respondent-wife. Quashment has also been sought of the order of the Additional Sessions Judge, Patiala, dated 5th July, 1988, whereby, aforesaid order of the Additional Chief Judicial Magistrate, concerning award of interim maintenance, was upheld.
(2.) IN brief, the facts relevant for the disposal of this case, are, that the District Judge, Patiala, vide his order dated 21st April, 1987 granted decree of divorce for dissolution of the marriage of the parties on the basis of the mutual consent. At the time of the passing of the aforesaid decree of divorce, respondent-wife (in the present case) gave up her claim against her husband, concerning her right to maintenance, as well as in respect of return of dowry articles. After about two months of the passing of the decree of divorce on the basis of mutual consent, the respondent-wife initiated proceedings under Section 125, Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), against her husband. In those proceedings, on her request, the Additional Chief Judicial Magistrate, Patiala, vide his order dated 14th January, 1988 directed the petitioner-husband (in the present case) to pay Rs. 200/- per month as interim maintenance allowance, to the respondent-wife. The Criminal Revision filed against the impugned order passed by the Additional Chief Judicial Magistrate was dismissed by the Additional Sessions Judge, Patiala, vide his order dated 5th July, 1988.
(3.) AGGRIEVED against the orders of the Courts below, concerning grant of interim maintenance to the life, the husband has filed the present petition.;