S. B. CRIMINAL MISC. PETITION NO.1049/2007 MOHAMMED RAYAZ @ PAPU V. AFSHANA. DATE OF ORDER :::: 11-11-2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. Abdul Saleem, for Petitioner (s). Mr. Narpat Singh, for Respondent. Respondent-wife presented application under Section 125, Cr.P.C., for maintenance to herself and to her minor children and learned Magistrate, vide order dated 7.6.07 and pending main petition, granted Rs.1500/- per month with effect from 23.11.2006. Aggrieved of the above order, is this petition. Learned counsel for the petitioner argued that respondent lived with him only for about 7 days – then after she left on her own – petitioner after giving notice, submitted application for restitution of conjugal rights in November, 07 to create defence in that petition, respondent initiated proceedings under Section 125, Cr.P.C. Submitted that in such circumstances, maintenance cannot be payable – Rs.1500/- per month is a hight amount – petitioner is a labourer, doing painting work, whose total income per month cannot be deemed to be more than Rs.2,000/-, and he has to maintain his parents. On behalf of the respondent, it is argued that petitioner is having a good source of income and Rs.1500/- per month for wife and daughter is in lower side. Considered and perused the impugned order. As it is a interim order of maintenance and the Magistrate has decided it as per material available on record. Considering all in totality of circumstances, this petition has not force and it is hereby rejected. Learned Magistrate may take steps for expeditious disposal of the matter. (C. M. TOTLA), J. scd