Hari Ram vs Kavita And Others

Manoj Kumar Garg, J

The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 03.02.2023 passed by the learned Gram Nyayalaya, Rajgarh, Churu in Criminal Misc. Case No.417/2020 whereby the learned Judge has partly allowed the application under Section 125 Cr.P.C. and directed the petitioner to pay Rs.3,000/- per month to the respondent No.1 and Rs.1,000/- per month to respondent No.2 as interim maintenance.

Counsel for the petitioner submits that the learned Gram Nyayalaya without appreciating the material available on record and without assigning any cogent reason has awarded interim maintenance in favour of claimants. Counsel submits that the interim maintenance as awarded by the Gram Nyayalaya is on higher side as the petitioner is not having enough income.

Heard the learned counsel for the petitioner and perused the impugned order passed by the court below.

The impugned order passed by the learned Gram Nyayalaya 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.3,000/- per month to the respondent No.1 and Rs.1,000/- per month to respondent No.2. The order impugned do not suffer from any illegality and perversity, hence, no interference is called for from this Court.

The 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.