MAHARAJ KRISHEN RAINA Vs. MUNI DEVI SHARMA

JUDGEMENT

(1.) PETITIONER has filed this petition questioning Judicial Magistrate, 1st class (Special Railway Magistrate)Jammu's order of May 11, 2007 directing the petitioner to pay the respondent Rs. 900 per month as interim maintenance under section 488 of the Code of Criminal Procedure.

(2.) PETITIONER's counsel's short grievance against the Magistrate's order is that the learned Magistrate had ignored the law laid down by this Court in Salamant Maish v. Neena and the findings recorded by the civil Court in File No. 27/n decided on February 1, 2003 passing a decree of judicial separation in favour of the petitioner and against the respondent, while deciding respondent's application seeking interim, maintenance under Section 488 of the Code of Criminal Procedure.

(3.) RESPONDENT's counsel supports learned magistrate's order saying that the merits of petitioner's allegation of respondent's living in adultery was not germane while considering the grant or refusal of an application seeking interim maintenance under section 488 of the Code of Criminal Procedure.