respondent-husband Vijay. It is also not in dispute that Nikhil is the son who was born out of the wedlock. Another female child has also been born out of the wedlock. The husband is bound to maintain his wife and children. In the absence of any source of income, the wife and children require sustenance for which the husband-respondent cannot shirk his responsibility. Keeping in view all the factual position and in the interest of the wife and the minor children, the order dated 15.1.2007 passed by the Additional Sessions Judge, Fast Track Court, Gurgaon, is modified to the extent that the recovery which has been stayed during the pendency of the application under Section 126 (2) of the Code of Criminal Procedure shall stand vacated. However, it is made clear that in case the application moved under Section 126 (2) Cr.P.C. by the respondent-husband is allowed and the Court further finally comes to a conclusion and fixes an amount of maintenance, the same shall be adjusted with the amount which is now to be paid to the wife during the pendency of the proceedings under Section 126 (2) as well as Section 125 of the Code of Criminal Procedure.
