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2009 Supreme(Del) 728

V.K.SHALI
VIJAY SINGH YADAV – Appellant
Versus
RAJESH YADAV – Respondent


Advocates appeared:
Through:Mr. M.B.Singh, Advocate
Through:Mr.N.K.Sharma, Advocate for the respondent no.1 with respondent no.1 in person. Mr.Jaideep Malik, APP for the State.

JUDGMENT

V.K. SHALI, J. (Oral) 1. This is a petition filed by the petitioner under Article 227 of the Constitution of India read with Section 482 Cr.P.C. against the order dated 07.4.2008 passed by Ms.Kiran Bansal, MM, Delhi in M.P. No.372/3/03 u/S 125 of Cr.P.C. directing the petitioner herein to pay an interim maintenance @Rs.4,000/- per month to the respondent no.1 w.e.f. December, 2003 till the disposal of the main petition.

2. Briefly stated the facts leading to the filing of the present petition are not in dispute except the quantum of earnings of the petitioner. It is admitted by the petitioner that the respondent No.1 Smt. Rajesh Yadav is his wife. It is admitted that the marriage took place between the parties on 26.2.1973 and from the said wedlock, they were blessed with two sons namely Sameer Yadav and Goldi Yadav. It is also not in dispute that from 1993 onwards, the respondent no.1 was living separately along with her sons. The respondent no.1 Smt.Rajesh Yadav has made allegations that she was forced to live separately on account of demand of dowry by the petitioner herein and that she does not have any independent source of income and accordingly, chose to file the pet

















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