Rupendra Lohia vs Amita Bansal (Lohia)
2021 Latest Caselaw 8050 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 3388/2019

Rupendra Lohia S/o Shri Rajender Lohia, Aged About 46 Years, R/o 2/203 Housing Board Sri Ganganagar.

----Petitioner Versus

1. Amita Bansal (Lohia) D/o Swaroop Chand W/o Rupendra Lohia, B/c Agarwal R/o 11 New Vinoba Basti, Sri Ganganagar.

2. Bhavya D/o Rupendra Lohia, (Wrongly Mentioned as D/o Rajender Lohia in the Application) Currently Major As Born On 19.3.2001 R/o 11 New Vinoba Basti Sri Ganganagar.

3. Dev S/o Rupendra Lohia, (Wrongly Mentioned as S/o Rajender Lohia In The Application) Minor Through His Mother The Respondent No.1 R/o 11 New Vinoba Basti, Sri Ganganagar.

4. Daksh S/o Rupendra Lohia, (Wrongly Mentioned as S/o Rajender Lohia in the Application) Minor Through His Mother The Respondent No.1 R/o 11 New Vinoba Basti, Sri Ganganagar.

----Respondents

For Petitioner(s) : Mr. Kamal Deep Singh. For Respondent(s) : Mr. Trilok Joshi.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

23/03/2021

Instant misc. petition under Section 482 Cr.P.C. has been

filed by the petitioner-husband against the order dated

31.05.2019 passed by the Judge, Family Court, Sri Ganganagar in

Criminal Case No.425/2018 whereby the learned Judge allowed

(2 of 3) [CRLMP-3388/2019]

the application under Section 125 Cr.P.C. filed on behalf of the

respondents- (1) Amita Bansal (Lohia), (2) Bhavya, (3) Dev & (4)

Daksha and the petitioner was directed to pay interim

maintenance of Rs. 24,000/- per month to the respondents

(Rs.12,000/- to wife-Amita Bansal, Rs.4000/- to minor daughter

Bhavya, Rs.4000/- to minor son Dev and Rs.4000/- to minor son

Daksh).

Learned counsel for the petitioner-husband submits that the

amount of interim maintenance awarded by the Family Court is on

higher side as the petitioner is not in a position to pay the said

amount of interim maintenance to the respondents, therefore the

same may be reduced.

Learned counsel for the respondents has supported the order

impugned passed by the learned trial court.

I have heard the learned counsel for the parties and perused

the order impugned as also other material available no record.

From the perusal of the order impugned, it is apparent that

the learned Family Court after taking into consideration all the

material available on record has rightly awarded in all Rs.24,000/-

per month as interim maintenance in favour of the respondents.

Thus, the order impugned does not warrant any interference from

this Court. The Family Court has only awarded interim

maintenance to the respondents. The main case is still pending

before the Family Court. Therefore, the trial court is directed to

decide the main case pending before it after considering all the

documents filed by the petitioner within a period of six months

from the date of presentation of a certified copy of this order.

The misc. petition is disposed of accordingly. Stay petition is

also disposed of.

(3 of 3) [CRLMP-3388/2019]

The copy of this order be sent to the trial court immediately.

Stay petition is also decided.

(MANOJ KUMAR GARG),J 139-Prashant/NK

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