Petitioner husband challenged interim maintenance awarded to wife under Section 125 Cr.P.C. by Family Court. Single Judge dismissed petition, upheld interim order, and directed disposal of main application within six months.
Petition disposed; main application to be decided by Family Court within six months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1420/2019
Satnam Singh S/o Surjeet Singh, Aged About 32 Years, By Caste Soni, Resident Of Hose No. 402, Near Sukhwant Cinema, Ward No. 11 Purani Abadi Sriganganagar.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sanjeev Johari For Respondent(s) : Mr. Maipal Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
15/11/2019
The instant misc petition has been filed by the petitionerhusband against the order dated 29.01.2019 passed by the learned Judge, Family Court, Sriganganagar whereby the learned Family Court allowed the application filed by the respondent-wife under Section 125 Cr.P.C. and granted interim maintenance of Rs.7,500/- per month in favour of the respondent-wife.
Counsel for the petitioner-husband submits that the learned Family Court without appreciating the material available on record and without assigning any cogent reason has awarded interim maintenance in favour of the respondent-wife. Counsel further submits that the interim maintenance as awarded by the Family
(2 of 2)
[CRLMP-1420/2019]
Court is on higher side as the petitioner-husband is not having enough income, therefore the same may be reduced appropriately.
Heard the learned counsel for the petitioner-husband and perused the impugned order passed by the court below.
The impugned order passed by the learned Family Court is an interim order. The final order on the application is yet to be passed by the court below. The learned court below after taking into consideration all the material available before it, has rightly awarded interim maintenance of Rs.7,500/- per month in favour of respondent-wife. The order impugned does not suffer from any illegality and perversity, hence, no interference is called for from this Court.
The criminal misc. petition stand disposed of accordingly. The court below is directed to decide the main application after taking into consideration all the documents and material aspect of the matter as well as statements so recorded before it, within a period of six months from the date of receipt of certified copy of this order.
Stay petition also decided accordingly.
(MANOJ KUMAR GARG),J
97-MS/-
2 issues framed by the court
Whether the Family Court erred in awarding interim maintenance to the wife without cogent reasons.
Whether the interim maintenance awarded by the Family Court is excessive given the petitioner's income.
1 provisions across 1 enactments
Satnam Singh
State Of Rajasthan
Jaspreet Kaur
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
