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Judgment
12 paragraphs · 382 wordsGajendra Singh, J
Heard on I.A. No.4180/2026, an application for condonation of delay of 67 days.
For the reasons assigned in the application which is supported by an affidavit, the application is allowed and delay stands condoned.
Also heard on Admission.
This criminal revision is preferred being aggrieved by the order dated 23.10.2025 (Annexure A/2) passed by Additional Judge to the Court of Principal Judge Family Court, Indore whereby an amount of Rs.10000/- in favour of respondent no./wife and Rs.5000/- per month in favour of minor daughter Alina and son Ayan per month in total Rs.20,000/- per month as interim maintenance under section 125 of Cr.P.C., 1973.
Undisputed facts of the case are that the marriage of the revision petitioner/husband and the respondent was solemnized on 28.11.2004 at Indore and three children were born out of the wedlock including two daughters and one son who are studying.
In a petition under section 12 of the Protection of Woman from Domestic Violence Act, 2005 before JMFC, Indore on 24.01.2022 and registered as MJCR No.305/2022 and interim relief was granted vide order dated 06.07.2022 and a total amount of Rs.10,000/- per month was awarded in favour of four persons.
Challenge to the order remained successful and a total amount of Rs.20,000/-per month was awarded in CRA No.315/2023 by 25th Additional Sessions Judge, Indore.
In a separate proceeding before the learned Family Court, Indore, an amount of Rs.20,000/- per month as been awarded in favour of the revision petitioners vide order dated 23.10.2025, hence, the present revision petition and the learned trial Court has passed the following order:-
''इस आदेश का कोई प्रभाव प्रकरण के गुण-दोष के निराकरण के समय नहीं होगा। प्रार्थीगण अन्य किसी प्रकरण में यदि भरण-पोषण राशि प्राप्त कर रहे हैं, तो यह राशि वर्तमान प्रकरण में आदेशित राशि से समायोजन योग्य रहेगी। यह भी स्पष्ट किया जाता है कि प्रार्थिनी पक्ष यदि प्रकरण में विलंब कारित करती है, तो इस आदेश के निरस्तीकरण या परिवर्तन के संबंध में विचार किया जाएगा।''
In view of the aforesaid finding of learned Family Court, there is no substance in the present revision petition, hence, the criminal revision stands rejected.
A copy of this order be sent to the learned Family Court concerned for information.
