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2015 Supreme(P&H) 383

ANITA CHAUDHRY
Deepak Cardial – Appellant
Versus
Pinky Yadav – Respondent


Advocates:
For the Petitioner:Mr. Sudhir Aggarwal, Advocate.
For the Respondents no.1 & 2:Mrs. Pratibha Yadav, Advocate.

JUDGMENT :

Ms. Anita Chaudhry, J.: (Oral) - This petition has been filed under Section 482 Cr.P.C. for quashing the order dated 07.08.2014, passed by the Sessions Judge, Rewari who modified the order dated 03.01.2014, passed by CJM, Rewari and enhanced the maintenance.

2. The backdrop of the case is necessary which led to the filing of the present petition. The petitioner and respondent no.1 were married in 2007. Two children were born, a son and a daughter in 2010 and 2011. The wife filed a petition seeking maintenance. It was pleaded that the husband had deserted her after the birth of the second child. The husband was stated to be working in a private firm and was earning Rs.50,000/- per month. The husband pleaded that material facts had been concealed from the Court and the wife was a practising lawyer in the district Courts at Rewari and was earning Rs.25,000/- per month.

3. While allowing interim maintenance, the Chief Judicial Magistrate, Rewari vide order dated 03.07.2014 observed that there was no material on the record to show that the respondent was earning Rs.50,000/- per month but he was well educated able bodied and was capable of maintaining his daughter and allowed R












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