Citation : 2025 Latest Caselaw 10150 Raj
Judgement Date : 22 May, 2025
[2025:RJ-JD:24951]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 85/2025
Vinod Kumar S/o Shri Rajendra Prashad, Aged About 37 Years,
R/o Ward No. 6, Raisinghnagar, Dist. Sriganganagar,raj.
----Petitioner
Versus
1. Suman Rani W/o Shri Vinod Kumar, D/o Shri Rajendra
Kumar R/o Sadhu Colony, Gali No. 2, Jawahar Nagar, Dist.
Sriganganagar,raj.
2. Janhvi D/o Smt. Suman Rani, Aged About 2 Years, Minor
Through Her Natural Guardian Mother Smt. Suman Rani,
R/o Sadhu Colony, Gali No. 2, Jawahar Nagar, Dist.
Sriganganagar,raj.
----Respondents
For Petitioner(s) : Mr. Trilok Joshi
For Respondent(s) :
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
22/05/2025
Instant criminal revision petition has been filed by the
petitioner-husband against the order dated 28.08.2024, passed by
the learned Family Court No.2, District Sri Ganganagar whereby
the learned family court has allowed the application under Section
125 Cr.P.C. filed by the respondent No.1 and ordered the
petitioner-husband to pay interim maintenance of Rs.10,000/- per
month to the respondents (Rs.5,000/- per month for respondent
No.1-wife and Rs.5,000/- per month for respondent No.2-minor
daughter) from the date of filing of the application i.e. from
22.03.2023.
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
[2025:RJ-JD:24951] (2 of 2) [CRLR-85/2025]
that the interim maintenance as ordered by the family court is on
higher side as the petitioner-husband is not having enough
income. Therefore, it is prayed that this criminal revision petition
filed by the petitioner-husband may kindly be allowed and the
impugned order dated 28.08.2024 may kindly be quashed and set
aside.
Heard the learned counsel for 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 family court. The learned family court 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 granting interim maintenance of Rs.10,000/- per
month. The order impugned does not suffer from any illegality and
perversity, hence, no interference is called for from this Court.
The criminal revision petition stands dismissed accordingly.
However, the family court 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 8-mSingh/-
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