ANIL KUMAR Vs. ANURADHA GUPTA

JUDGEMENT

(1.) THROUGH the medium of petition in hand, the petitioner namely Anil Kumar has invoked the jurisdiction of this Court under Section 561 -A Cr. PC for the quashment of proceedings initiated against him under Section 488 Cr. PC in case titled as Smt. Anuradha Gupta and Anr. v. Anil Kumar pending decision before the learned Special Municipal Magistrate, Jammu and also the order dated 28.10.2002 recorded by learned Special Municipal Magistrate with respect to application for grant of interim maintenance arising out of said proceedings.

(2.) IT appears that Smt. Anuradha Gupta and minor child Aniket Gupta who approached the Inquiry Magistrate under Section 488 Cr. PC for awarding maintenance from the husband and the father respectively on the ground that despite he is person of sufficient means, has neglected and refused to maintain them. Alongside, respondent -wife and minor child they came to file an application for grant of interim maintenance. Learned Inquiry Magistrate after hearing the learned counsel for the parties, came to award monthly maintenance @ Rs. 700 to the respondent -wife and @ Rs. 500 to the respondent -son by virtue of order which is impugned in this petition.

(3.) HEARD learned counsel for parties. Mrs. Sindhu Sharma, learned counsel fort the petitioner submits that the petitioner -husband has filed an application under section 9 of the Hindu Marriage Act against respondent -wife for grant of decree for Restitution of Conjugal Rights, which is pending decision in the court of Additional District Judge (Matrimonial Cases), Jammu; that this fact was brought into the knowledge of learned Inquiry Magistrate, who while passing the impugned order has declined to take notice of the fact that an application for grant of maintenance allowance had been filed much after the institution of the proceedings under Section 9 of the Hindu Marriage Act.