Rajasthan High Court - Jodhpur
Surendra Pratap Singh vs State Of Rajasthan on 7 January, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 4300/2020
Surendra Pratap Singh S/o Sh. Bhanwar Singh, Aged About 34
Years, R/o Plot No. 103, Sushant City, Near Bhakrasani Gaon, Pali
Road, District Jodhpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Praveen Kanwar @ Pintu W/o Sh. Surendra Pratap
Singh, Aged About 31 Years, R/o House No. 452, Mohan
Nagar, Near Gupta Store, B.j.s. Colony, Jodhpur (Raj.).
3. Mahaveer Pratap Singh S/o Sh. Surendra Pratap Singh,
Aged About 7 Years, R/o House No. 452, Mohan Nagar, Near
Gupta Store, B.J.S. Colony, Jodhpur (Raj.). Through His
Mother Smt. Praveen Kanwar @ Pintu.
4. Pawan Pratap Singh S/o Sh. Surendra Pratap Singh, Aged
About 5 Years, R/o House No. 452, Mohan Nagar, Near
Gupta Store, B.J.S. Colony, Jodhpur (Raj.). Through His
Mother Smt. Praveen Kanwar @ Pintu.
----Respondents
For Petitioner(s) : Ravinder Singh Champawat, through
video-call.
For Respondent(s) : Mr. Sudhir Tak, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
07/01/2021
The instant criminal misc. petition has been filed by the
petitioner-husband against the order dated 20.01.2020 passed by
the learned Judge, Family Court No.2, Jodhpur, Rajasthan, in
Criminal Regular Case No. 12/2019(120/2019), whereby the learned
Judge has allowed the application under Section 125 Cr.P.C. and
directed the petitioner to pay the interim maintenance of Rs.5,000/-
per month to each of the respondent Nos. 2, 3 & 4 from the date of
filing of the application.
Counsel for the petitioner submits that the learned Family Court
without appreciating the material available on record and without
(2 of 2) [CRLMP-4300/2020]
assigning any cogent reason has awarded interim maintenance in
favour of the respondent-wife and sons. Counsel further submits that
the interim maintenance as awarded by the Family Court is on higher
side as the petitioner is not having enough income, therefore the
same may be reduced appropriately.
Heard the learned counsel for the petitioner and perused the
impugned orders passed by the court below.
The impugned orders passed by the learned Court below are an
interim order. The final order on the application is yet to be passed
by the court below. The learned courts below after taking into
consideration all the material available before it, has rightly awarded
interim maintenance of Rs.5,000/- per month in favour of each of the
respondent Nos. 2, 3 & 4. The order impugned do 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
63-Prashant/-
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