In the Punjab and Haryana High Court,at Chandigarh. Crl.Misc. No.M-18984 of 2008 Decided on July 30,2008. Rajbir Singh -- Petitioner vs. Smt.Krishna and another --Respondents. Present: Mr.S.S.Duhan,Advocate, for the petitioner Rakesh Kumar Jain,J: This is a petition under Section 482 of Cr.P.C., for quashing the order dated 12.2.2008, passed by Chief Judicial Magistrate, Jind, vide which the application for grant of interim maintenance under Section 125Cr.P.C. has been allowed. Counsel for the petitioner submits that both the respondents are living with him and he is bearing the expenses of the study of the child and if the wife is not living with him with her own accord, then she is not entitled to any maintenance. It is the case of the respondents before the Court below that they are living separately from the last three years as the petitioner had withdrawn himself from their society and had not paid a single penny, though he is owner in possession of 1/9th share in 108 kanals 12 marlas of land in village Shadipur, besides having residential house, plots and live stocks consisting milch animals earning income from sale of milk. An amount of Rs. 7500/- is claimed as maintenance. After hearing counsel for the petitioner, I do not find any merit Crl.Misc. No.M-18984 of 2008 -2- in his contention as the finding recorded by the Court below is that respondent No.1.-wife is residing separately from the petitioner and she has no source of income to earn her livelihood. Therefore, it is the duty of the husband/petitioner to maintain both his wife and minor child for which an amount of Rs. 1000/-p.m. for the wife and Rs. 700/-p.m. to minor child granted by the Court below is not excessive especially when the petitioner has not shown to this Court his earning capacity except for saying that he is very poor man. Further, the submission made by counsel for the petitioner that the respondents are living separately on their own accord, shall be considered at the time of final decision but not at the time of granting interim maintenance. Hence, this petition is devoid of any merit and is hereby dismissed in limine. July 30,2008 (Rakesh Kumar Jain) RR Judge