The High Court dismissed the revision petition challenging an interim maintenance order under Section 125 Cr.P.C. The Court found no illegality and directed the Family Court to decide the main application within six months.
Petition dismissed; Family Court directed to decide main application within six months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 5/2020
Surajbhan Singh S/o Shri Dhani Ram, Aged About 35 Years, By Caste Gurjar, Resident Of 187-A, First C Road, Sardarpura, Jodhpur (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Sudheer Tak PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/01/2020
Instant revision petition under Section 397 Cr.P.C. has been filed by the petitioner-husband against the order dated 11.11.2019 passed by the learned Family Court No.1, Jodhpur, whereby the learned Family Court allowed the interim application under Section 125 Cr.P.C. filed by the respondent-wife and directed the petitioner to pay a sum of Rs.15,000/- per month to the respondents as interim maintenance.
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
(2 of 2)
[CRLR-5/2020]
maintenance in favour of the respondents. Counsel submits that the interim maintenance as awarded by the Family Court is on higher side as the petitioner is not having any source income, therefore in these circumstances, the impugned order awarding interim maintenance may be set aside or the interim maintenance awarded by the Family court may be suitably reduced.
Heard the learned counsel for the petitioner and perused the impugned order passed by the Family court.
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 Family court. On perusal of the impugned order, it appears that the Family court after taking into consideration all the material aspect of the matter, has rightly awarded interim maintenance of Rs.15,000/- per month in favour of the respondents. The order impugned does not suffer from any illegality and perversity, hence, no interference is called for from this Court.
However, the Family court 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.
The revision petition stands disposed of accordingly. Stay petition also decided accordingly.
(MANOJ KUMAR GARG),J
57-Anshul/-
1 issue framed by the court
Whether the Family Court's interim maintenance order under Section 125 Cr.P.C. is liable to be set aside or modified in the interest of justice?
2 provisions across 1 enactments
Surajbhan Singh
State Of Rajasthan
Smt. Manju
Mragank Gurjar
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
