Kaushalya vs Manak Chand
2021 Latest Caselaw 6195 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1741/2020

1. Kaushalya W/o Manak Chand D/o Sohan Lal, Aged About 30 Years, By Caste Kumhar, R/o Bidasar At Present Ward No. 6, Bhuraram Ki Khedi, Nokha, Tehsil Nokha District Bikaner.

2. Nisha D/o Manak Chand, Aged About 7 Years, Being Minor Through Natural Guardian Mother Kaushalya, By Caste Kumhar, R/o Bidasar At Present Ward No. 6, Bhuraram Ki Khedi, Nokha, Tehsil Nokha District Bikaner.

3. Divya D/o Manak Chand, Aged About 3 Years, Being Minor Through Natural Guardian Mother Kaushalya, By Caste Kumhar, R/o Bidasar At Present Ward No. 6, Bhuraram Ki Khedi, Nokha, Tehsil Nokha District Bikaner.

----Petitioners Versus Manak Chand S/o Bhanwar Lal, B/c Kumhar, R/o Near Holi Dhora, Ramchandra Ki Khedi, Ward No. 22, Bidasar, Dist. Churu.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Birbal Ram
For Respondent(s)        :     Mr. B.R. Bishnoi, AGC
                               Mr. Talat Bari



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

02/03/2021

By way of this criminal misc. petition, the petitioners being

the wife and the minor daughters of the respondent have

approached this Court for assailing the order dated 12.12.2019

passed by learned ACJM, Nokha District Bikaner in Criminal Case

No.81/2019 whereby, the application filed by them under Section

125 Cr.P.C. seeking interim maintenance was accepted and the

(2 of 2) [CRLMP-1741/2020]

respondent was directed to make total payment @ Rs.3,000/- per

month to the petitioners as an interim measure.

The pertinent case of the petitioners before the trial court is

that the respondent is well qualified and is employed as a

Computer Operator at Delhi.

Considering the facts and circumstances of the case and the

high cost of living in the present days, I am of the firm opinion

that pittance of Rs.3,000/- per month awarded by the learned trial

court to the petitioners is absolutely inadequate. This meager

amount cannot be considered sufficient by any means to sustain

a grown up lady and her two minor daughters. Thus, the order

impugned dated 12.12.2019 is modified and it is directed that the

respondent shall make payment of interim maintenance to the

tune of Rs.3,000/- per month to the wife and Rs.2,000/- per

month each to the minor daughters till disposal of the proceedings

under Section 125 Cr.P.C. The respondent shall make regular

payment to the petitioners failing which, the learned ACJM shall

take appropriate steps for recovery of the amount. The

enhancement directed by this Court shall be effective from the

date of this order.

The misc. petition is allowed accordingly.

(SANDEEP MEHTA),J 107-Sudhir Asopa/-

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