Hari Ram vs Sunita 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 21.03.2022 passed by the learned Judge, Family Court, Churu, in Criminal Misc. Case No.39/2022 whereby learned Judge has allowed the interim application filed by the respondents under Section 125 Cr.P.C. and directed the petitioner to pay Rs.5,000/-per month to the respondent No.1 & Rs.3,000/- per month to the respondent No.2 as interim maintenance.

Learned counsel for the petitioner submits that the learned Judge, without appreciating the material available on record and without assigning any cogent reason has awarded interim maintenance in favour of respondent Nos.1 & 2. Counsel further submits that the interim maintenance as awarded by the learned Judge, Family Court, Churu, 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 Judge, Family Court, Churu, 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.5,000/- per month to the respondent No.1 & Rs.3,000/- 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.