Poonamrishi vs Smt. Monika @ Uma (2025:Rj-Jd:17279)
2025 Latest Caselaw 11035 Raj

Rajasthan High Court - Jodhpur

Poonamrishi vs Smt. Monika @ Uma (2025:Rj-Jd:17279) on 3 April, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:17279]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2670/2025
Poonamrishi S/o Late Shri Mithu Lal Ji, Aged About 35 Years, R/o
Near Vaishno Ram Mandir, Ram Nagar, Jhalamand, Dist. Jodhpur.
                                                                    ----Petitioner
                                    Versus
1.       Smt. Monika @ Uma W/o Poonamrishi, Aged About 30
         Years, R/o Gaur Colony, Dusriya Vishnoiyan, Teh. And
         Dist. Jodhpur.
2.       Kumari Perna D/o Poonamrishi, Minor- Through Natural
         Guardian Smt. Monika @ Uma W/o Poonamrishi R/o Gaur
         Colony, Dusriya Vishnoiyan, Teh. And Dist. Jodhpur.
3.       Moksh S/o Poonamrishi, Aged About 7 Years, Minor-
         Through Natural Guardian Smt. Monika @ Uma W/o
         Poonamrishi R/o Gaur Colony, Dusriya Vishnoiyan, Teh.
         And Dist. Jodhpur.
                                                                 ----Respondents


For Petitioner(s)          :    Mr. Surendra Singh Shaktawat
For Respondent(s)          :


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

03/04/2025 Instant criminal misc. petition has been filed by the

petitioner against the order dated 13.02.2025, passed by the

learned Family Court No.1, Jodhpur whereby the learned family

court has allowed the application filed under Section 125 Cr.P.C.

for interim maintenance in favour of the respondent No.1 and

ordered the petitioner to pay a total of Rs.20,000/- to the

respondents (Rs.10,000/- for respondent No.1 and Rs.5,000/-

each per month for respondent Nos.2 and 3).

Counsel for the petitioner submits that the learned family

court without appreciating the material available on record and

without assigning any cogent reason has allowed the interim

maintenance in favour of respondents. Counsel further submits

that the interim maintenance as ordered by the family court is on

[2025:RJ-JD:17279] (2 of 2) [CRLMP-2670/2025]

higher side as the petitioner is not having enough income.

Therefore, it is prayed that this criminal misc. petition filed by the

petitioner may kindly be allowed and the impugned order dated

13.02.2025 may kindly be quashed and set aside.

Heard the learned counsel for the petitioner and perused the

impugned order passed by the court below.

The impugned order passed by the learned court below 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

allowed the application under Section 125 Cr.P.C. in favour of the

respondents for a total interim maintenance of Rs.20,000/-

(Rs.10,000/- per month for respondent No.1 and from Rs.5,000/-

each per month for respondent Nos.2 and 3). The order impugned

does not suffer from any illegality and perversity, hence, no

interference is called for from this Court.

The criminal misc. petition stands dismissed accordingly.

However, 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 one year from the date of receipt of

certified copy of this order.

Stay petition is also decided accordingly.

(MANOJ KUMAR GARG),J 279-mSingh/-

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