Bhupesh Kumar vs Smt. Geeta Devi ...
2023 Latest Caselaw 1886 Raj

[2023/RJJD/005829]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3800/2022

Bhupesh Kumar S/o Sh. Mohanlal Kharadi, Aged About 45 Years, B/c Meena, R/o H.no. 334, Suryanagar, Titaradi, Dist. Udaipur (Raj.).

----Petitioner Versus

1. Smt. Geeta Devi W/o Bhupesh Kumar D/o Hawalram Meena, R/o C/o Rajendra Singh Gurjar, Hawamagari, Goverdhanvilas, P.s. Goverdhan Vilas Udaipur (Raj.).

2. Miss Minal D/o Bhupesh Kumar, Minor Through Her Natural Guardian Mother Res. No. 1 Smt. Geeta Devi, R/o C/o Rajendra Singh Gurjar, Hawamagari, Goverdhanvilas, P.s. Goverdhan Vilas Udaipur (Raj.).

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Anuj Sahlot
For Respondent(s)         :     Mr. Siddharth Mandawat



           HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                     Order

17/02/2023

The instant criminal misc. petition under Section 482 Cr.P.C.

has been filed by the petitioner-husband against the judgment-

cum-order dated 05.03.2022 passed by the learned Judge, Family

Court No.1, Udaipur in Misc. Criminal Case No.152/2021, whereby

the learned Judge has allowed the application under Section 125

Cr.P.C. and directed the petitioner to pay an amount to the tune of

Rs.23,000/- per month to the claimants/respondents as interim

maintenance.

Learned counsel representing the petitioner submits that the

learned Family Court without appreciating the material available

[2023/RJJD/005829] (2 of 2) [CRLMP-3800/2022]

on record and without assigning any cogent reason, has awarded

interim maintenance in favour of each claimants. He further

submits that 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 representing 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 court below. The learned court below after taking

into consideration all the material available before it, has rightly

awarded interim maintenance of Rs.23,000/- per month in favour

of each claimants/respondents. Thus, the impugned order dated

05.03.2022, does not suffer from any illegality, infirmity or any

perversity whatsoever, hence, no interference is called for from

this Court.

The instant misc. petition stands dismissed accordingly.

However, the Family 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 one year from the date of receipt of

certified copy of this order.

Stay petition also decided accordingly.

(MANOJ KUMAR GARG),J 153-/Devesh/-

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