High Court of Rajasthan dismissed this criminal miscellaneous petition challenging an interim maintenance order of Rs.15,000 per month granted by the Family Court under Section 125 Cr.P.C.
The criminal miscellaneous petition was dismissed; the Family Court was directed to decide the main application within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 4191/2017
Chandra Shekhar Rajora S/o Shri Nathu Lal Rajora, B/c Prajapati, R/o 71 A, Janta Nagar, Rankdisodala, Jaipur Rajasthan Respondent In Original Application
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Mohit Singhvi For Respondent(s) : Mr. CS Kotwani
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/11/2019
Instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner-husband against the order dated 31.10.2017 passed by the learned Judge, Family Court, Distt. Sriganganagar in Criminal Misc. Case No.121/2017 whereby the learned Magistrate allowed the application under Section 125 Cr.P.C. and directed the petitioner to pay Rs.15,000/- per month to the respondents as interim maintenance.
Counsel for the petitioner 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 respondents. Counsel submits that
(2 of 2)
[CRLMP-4191/2017]
the interim maintenance as awarded by the Family Court is on
higher side as the petitioner is not having enough income.
Heard the learned counsel for the petitioner 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.15,000/- per month in favour of the respondents. The order impugned do not suffer from any illegality and perversity, hence, no interference is called for from this Court.
The misc. petition stand dismissed accordingly. However, 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 application also decided accordingly. Application filed by the applicant-respondent is also decided.
(MANOJ KUMAR GARG),J
36-Anshul/-
2 issues framed by the court
Whether the interim maintenance award of Rs.15,000 per month by the Family Court suffers from illegality or perversity justifying interference under Section 482 Cr.P.C.
Whether the Family Court acted without appreciating material or assigning cogent reasons in awarding interim maintenance.
2 provisions across 1 enactments
Chandra Shekhar Rajora
Anjali Ravan
Kriti
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
